Setlist

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Tracy Chapman's accusation that Nicki Minaj is ignoring both the facts and the law in their sampling legal battle, plus the row over the inclusion of 'Rule, Britannia' and 'Land Of Hope And Glory' in this year's BBC Proms. SECTION TIMES 01: Tracy Chapman v Nick Minaj (00:03:13) 02: Rule, Britannia (or don’t) (00:20:35) STORIES DISCUSSED THIS WEEK • Nicki Minaj’s Sorry claims ignore both the facts and the law, reckons Tracy Chapman • Wordless performances of Rule, Britannia and Land Of Hope And Glory to be included in Last Night Of The Proms  ALSO MENTIONED • Apple hits back in Epic Games dispute, as Microsoft takes sides • Judge unlikely to force Fortnite back into App Store while Epic v Apple battle continues • Judge confirms Apple can ban Fortnite but not cut off the Unreal Engine in Epic dispute • Bytedance expected to sue over US TikTok ban this week • Donald Trump’s TikTok ban is unconst

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the escalation of ‘Fortnite’ video game maker Epic Games’ legal battle against Apple over its App Store rules, plus two copyright cases that weren’t copyright cases which failed because they were copyright cases. SECTION TIMES 01: Epic v Apple (00:04:18) 02: 50 Cent v Rick Ross and Genius v Google (00:17:46) STORIES DISCUSSED THIS WEEK • Fortnite maker ramps up anti-Apple rhetoric in new legal filing • 50 Cent can’t sue over uncleared sample on publicity right grounds ALSO MENTIONED • Beats 1 rebrands as Apple Music 1 • Setlist: Genius accuses Google of stealing lyrics from its website (June 2019) MORE FROM CMU • Buy the new Dissecting The Digital Dollar on Amazon • Sign up to receive the CMU Daily news bulletin

It’s the eighth in our series of special editions of Setlist looking at some of our favourite music industry legal battles of all time. This time, CMU’s Andy Malt and Chris Cooke look back at the copyright battle over authorship of Procul Harum's 1967 single, 'A Whiter Shade Of Pale', which was fought all the way up to the appellate committee of the UK's House Of Lords. Organist Matthew Fisher argued that he should have been given 50% stake in the song, but by taking 38 years to go legal, had he left it too long? SUBSCRIBE TO SETLIST Listen to Setlist and sign up to receive new episodes for free automatically each week through any of these services… Acast | Apple Podcasts | audioBoom | CastBox | Deezer | Google Play | iHeart | Mixcloud | RSS | Spotify | Stitcher | TuneIn KEEP LISTENING • Check out all Setlist specials MORE FROM CMU • Buy the new Dissecting The Digital Dollar on Amazon • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including what Donald Trump's pending ban on TikTok and messaging app WeChat means for the music industry, and Live Nation's optimism for the future despite seeing revenues fall by 98%. SECTION TIMES 01: Donald Trump's TikTok ban (00:04:39) 02: Live Nation's optimism, despite everything (00:19:50) STORIES DISCUSSED THIS WEEK • Donald Trump begins the process that could effectively ban TikTok in the US • Live Nation stresses optimism about 2021 as it reports 98% revenue slump during COVID-19 shutdown ALSO MENTIONED • Neil Young sues Donald Trump MORE FROM CMU • Buy the new Dissecting The Digital Dollar on Amazon • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Wiley’s antisemitic social media posts and what responsibilities the social media platforms have when their users offend, plus the call from various big name musicians for politicians to stop using their music (or any music) without permission. SECTION TIMES 01: Wiley antisemitic social media posts (00:07:39) 02: Musicians’ letter to politicians (00:25:11) STORIES DISCUSSED THIS WEEK • Wiley condemned over antisemitic social media outburst • Wiley insists he’s not racist despite his antisemitic Twitter tirade • Musicians call on politicians to stop using their music without permission ALSO MENTIONED • Socially-distanced gig pilot didn’t provide a commercially viable model • Return of indoor shows delayed (BBC News) • Setlist 6 Jul 2020: Rolling Stones threaten to sue Donald Trump if he plays their music at another campaign rally MORE FROM CMU • Buy the new Dissecting The Digital Dollar o

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Taylor Swift’s surprise new album and latest legal win, plus Spotify’s new deal with Universal and TikTok’s litigation-avoiding agreement with the US National Music Publishers Association. SECTION TIMES 01: Taylor Swift new album (00:03:44) 02: Taylor Swift lawsuit (00:10:34) 03: Spotify’s Universal deal (00:17:33) 04: TikTok’s NMPA deal (00:22:31) STORIES DISCUSSED THIS WEEK • Taylor’s swift new album • Californian court dismisses one of the Shake It Off plagiarism lawsuits, again • Universal signs new licensing deal with Spotify • US publishers agree licensing deal framework with TikTok ALSO MENTIONED • Q magazine to close • Setlist w/c 6 Jul 2020: Music magazines stay off the shelves • Ryan Adams on His Full-Album Taylor Swift Cover: ‘You Just Have to Mean It’ (Rolling Stone) • Mercury Prize shortlist announced – what a list (apart from that one act)! • Believe and TuneCore sign licensing

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Migos suing their former layer over claims that he “robbed” and “cheated them out of millions of dollars, and Billboard’s amazing ability to make some seemingly simple updates to its chart rules incredibly complicated. SECTION TIMES 01: Migos sue their lawyer (00:04:31) 02: Billboard updates its chart rules (00:14:36) STORIES DISCUSSED THIS WEEK • Migos accuse their longtime lawyer of betrayal and incompetence, sue for millions • Quality Control Music boss responds to Migos lawsuit • Billboard updates album bundle rules (again), and cuts off CD single chart boost ruse ALSO MENTIONED • MMF launches Third Edition of Dissecting The Digital Dollar • Watch Chris’ short presentation from the ‘Digital Dollar’ launch • Read Chris’ short presentation from the ‘Digital Dollar’ launch • Switched On Pop – Rosie: Investigating a Crime at the Heart of the Music Industry MORE FROM CMU • Buy the new Dis

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Lady A suing Lady A over who really owns the name Lady A, and the UK government's latest concessions to the live music industry as the COVID-19 shutdown begins to lift. SECTION TIMES 01: Lady A sue Lady A (00:04:18) 02: UK government's support for live music (00:18:35) STORIES DISCUSSED THIS WEEK • Lady A sue Lady A over the name Lady A • UK government announces £1.57 billion support package for creative industries • Music industry calls for clarity on government’s £1.57 billion COVID support scheme for the creative sector • Government gives the go ahead for open-air live shows to resume in England this weekend • COVID-19 VAT break will apply to live music, culture minister confirms ALSO MENTIONED • Dissecting The Digital Dollar third edition book launch • Get the new Dissecting The Digital Dollar book MORE FROM CMU • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the announcements that Mixmag and Kerrang! will keep their print editions on hiatus for the foreseeable future, and the Rolling Stones' threat to sue Donald Trump if he plays their music at another campaign rally.  SECTION TIMES 01: Music magazines stay off the shelves (00:03:45) 02: Rolling Stones threaten to sue Donald Trump (00:21:19) STORIES DISCUSSED THIS WEEK • Mixmag’s print edition will remain paused until 2021, publisher confirms • Kerrang! remains on indefinite hiatus in print • Planet Rock magazine to close, Q could survive under new ownership • Loud And Quiet announces subscriptions to help weather COVID-19 crisis • The Rolling Stones team up with BMI to stop Trump’s use of their songs ALSO MENTIONED • More than 1500 artists call on UK government to step up and ensure the live music industry can survive COVID-19 • Fraggle Rock to be revived by Apple TV+ after 33 years (BBC News)

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including fears that with lockdown lifting and the economy getting started again that live music industry will be left to collapse without much needed government support, and the two house music pioneers suing the Trax record label. SECTION TIMES 01: The COVID crisis pushes the live industry to the brink (00:01:43) 02: House music pioneers sue Trax Records (00:23:18) STORIES DISCUSSED THIS WEEK • With relaxed social distancing rules not helping live music, UK live industry again calls for extra government support • Government needs to make a £50 million cash injection to save the UK’s grassroots venue network, says MVT • Hundreds of grassroots music venues back call for £50 million cash injection from government • NTIA says revisions to UK lockdown rules unworkable even for businesses who qualify • Glastonbury “would seriously go bankrupt” if forced to cancel in 2021 too • Backed by TaP Music, Chicago hou

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including Live Nation's planned changes to artist agreements post-COVID that will mean performers receiving lower fees and taking on more risk, plus Jay-Z and Beyonce being sued for allegedly using a spoken word recording on their track 'Black Effect' without permission. SECTION TIMES 01: Artists face lower pay, higher risks for live shows post-COVID (00:02:59) 02: Jay-Z and Beyonce sued of ‘Black Effect’ spoken word section (00:18:31) STORIES DISCUSSED THIS WEEK • Live Nation memo confirms promoters want artists to share the risk when the live industry swings back into action • Beyonce and Jay-Z sued over Black Effect monologue ALSO MENTIONED • EMI Records is “reborn” • The 40 year old Virgin announces birthday plans (2013 report) MORE FROM CMU • Get notified with the new ‘Dissecting The Digital Dollar’ book is out • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the debate about the use of the word ‘urban’ to categorise music that has seen Republic Records and the Grammys drop or cut back the use of the term, and Twitch’s latest run-in with the music industry. Setlist is sponsored by 7digital. SECTION TIMES 01: The ‘urban’ music debate (00:02:20) 02: Twitch takedowns (00:17:05) STORIES DISCUSSED THIS WEEK • Republic stops using the word ‘urban’ to describe music • Grammys update award names and nomination rules in a bid to address racism and corruption accusations • Twitch reports sudden “influx” of takedown requests as prolific users hit out a copyright claims and channel ban threats ALSO MENTIONED • CMA demands “clear-cut solution” from Viagogo for its concerns over StubHub deal • Black Music Coalition sets out five priorities to tackle discrimination in the UK music industry • One Little Indian changes name due to “harmful stereotyping and exploita

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the music industry's Black Out Tuesday shutdown in solidarity with the Black Lives Matter movement, and the latest twist in the legal battle between Spotify and Eminem's publishing company Eight Mile Style. Setlist is sponsored by 7digital. SECTION TIMES 01: Black Out Tuesday (00:02:22) 02: Eight Mile Style (00:20:23) STORIES DISCUSSED THIS WEEK • Music community rallies around Black Out Tuesday initiative amid global Black Lives Matter protests • Black Out Tuesday was just Act One, campaigners insist • Universal Music sets out the agenda of its Taskforce For Meaningful Change • Spotify pulls Kobalt into its legal spat with Eminem’s publisher ALSO MENTIONED • Share price surges after Warner Music’s $1.9 billion IPO MORE FROM CMU • Get notified with the new ‘Dissecting The Digital Dollar’ book is out • CMU’s Lockdown Webinars • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the latest lawsuit against StubHub over its COVID-19 refund policy and the departure of its president, and the proposal by the Electronic Frontier Foundation for a compulsory licence covering all uses of music online. Setlist is sponsored by 7digital. SECTION TIMES 01: StubHub lawsuit and deaprture of its president (00:04:37) 02: Blanket licence for the internet (00:16:57) STORIES DISCUSSED THIS WEEK • StubHub faces class action in Canada too over its COVID-19 refunds policy • StubHub President stands down • A Plan to Pay Artists, Encourage Competition, and Promote Free Expression (EFF.org) ALSO MENTIONED • Warner Music officially launches its IPO • Worst. Deal. Ever. (Forbes) • Dissecting The Digital Dollar MORE FROM CMU • Get notified with the new ‘Dissecting The Digital Dollar’ book is out • CMU’s Lockdown Webinars • Sign up to receive the CMU Daily news bulletin

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the publication (finally) of the US Copyright Office's report based on its review of the safe harbour that sits in America’s Digital Millennium Copyright Act, and 6ix9ine’s beef with Ariana Grande over her US chart position. Setlist is sponsored by 7digital. SECTION TIMES 01: US Copyright Office safe harbour report (00:03:38) 02: 6ix9ine v Ariana Grande (00:24:00) SUBSCRIBE TO SETLIST Listen to Setlist and sign up to receive new episodes for free automatically each week through any of these services… Acast | Apple Podcasts | audioBoom | CastBox | Deezer | Google Play | iHeart | Mixcloud | RSS | Spotify | Stitcher | TuneIn STORIES DISCUSSED THIS WEEK • US Copyright Office finally publishes its safe harbour report, music industry sets out its copyright gripes • Billboard denies 6ix9ine’s claims that Ariana Grande fraudulently beat him to number one in the Hot 100 • Ariana Grande and Justi

In the second part of this special edition of the show, this week CMU’s Andy Malt and Chris Cooke again examine the debate around the fairness of streaming royalties for artists and songwriters, which has been growing during the COVID-19 shutdown. We discuss the second half of our ten point list of things people often misunderstand or don't know about streaming, and what they need to know in order to win the argument. Setlist is sponsored by 7digital. SECTION TIMES 00:12:24 There has already been a re-slicing of the pie – the song share on a stream is often double that on a CD. The fact many songwriters aren’t seeing the benefit is a major concern 00:19:19 With the artist share, we probably need to consider new artists, heritage artists and session musicians separately 00:24:40 Applying ER to streams sounds good but would be complicated 00:28:40 User-centric royalty distribution probably wouldn’t have as big an impact as everyone thinks – though it’s still attractive 00:34:10 Bad music rights data makes fixi

In a deviation from the normal format, this CMU’s Andy Malt and Chris Cooke examine the debate around the fairness of streaming royalties for artists and songwriters, which has been growing during the COVID-19 shutdown. Over the next two episodes, we'll be discussing the ten things people often get wrong about streaming, and what they need to know in order to win the argument. Setlist is sponsored by 7digital. SECTION TIMES 00:09:37 There are no per-stream rates 00:18:06 A million streams isn't as much as it sounds 00:21:09 It is almost certainly time to review subscription prices - though probably not in the middle of a global pandemic 00:33:37 Re-slicing the pie so songwriters get more is complicated 00:37:17 The US is different, because it's always different STORIES DISCUSSED THIS WEEK • IFPI confirms recorded music market grew 8.2% in 2019 ALSO MENTIONED • Tom Gray, Gomez (Twitter thread) • Tim Burgess, The Charlatans (Twitter thread) • Spotify should pay musicians more? Let’s talk more about how (S

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including new research into what the future music look like for live music after lockdown, plus the ressurgence of charity singles as the Live Lounge Allstars knock Captain Tom off number one in the UK singles chart. Setlist is sponsored by 7digital. 00:03:56 Live music research 00:18:57 Charity singles STORIES DISCUSSED THIS WEEK • Only 40% of American sport and music fans say they’ll rush back to live events once COVID-19 restrictions are lifted • New interest in livestreamed gigs looks likely to outlive COVID-19 shutdown, says UTA • Captain Tom goes to number one following Weeknd intervention – Stay Home Live Lounge on course for top spot this week • Chris Martin, Dua Lipa and more contribute to BBC’s Stay Home Live Lounge • Foo Fighters donate Stay Home Live Lounge royalties to charity, while BBC’s drumming weatherman forms a virtual band • Dave Grohl thanks BBC, as Times Like These charity cover battle

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the class action lawsuit against Ticketmaster over allegations it changed its terms on refunds after the COVID-19 shutdown began, and Mixcloud’s new livestreaming option and the complicated copyright questions all these online performances raise. Setlist is sponsored by 7digital. 00:07:21 Ticketmaster 00:22:24 Mixcloud STORIES DISCUSSED THIS WEEK • Ticketmaster sued over COVID-19 refunds policies • Mixcloud unveils new live streaming functionality ALSO MENTIONED • Reed Smith’s guide to live streaming • CMU’s Lockdown Webinars • Sign up to receive the CMU Daily news bulletin • Buy the Dissecting The Digital Dollar book

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the Bonzo Dog Doo-Dah Band vow to close what they see as a loophole in UK trademark law that can result in bands losing control of their brands, and the positive and negative effects of COVID-19 on the commercial radio industry. Setlist is sponsored by 7digital. STORIES DISCUSSED THIS WEEK • Bonzo Dog Doo-Dah Band want change in the law after winning “emotionally charged” trademark dispute • Commercial radio listening enjoys huge ‘working from home’ boost during coronavirus lockdown (Radiocentre) • Commercial radio stations could close without extra government support ALSO MENTIONED • Weather presenter goes viral drumming to BBC News theme • Bonzo Dog Band full court judgement • CMU’s Lockdown Webinars • Sign up to receive the CMU Daily news bulletin • Buy the Dissecting The Digital Dollar book