DISC & DigitalAudioTechnology
(Music & Digital Audio/Video & Technology News) TM
A Newsletter For The Music Industry And The New Media
"The Long Playing Album" Of This Week's News
Vol 13 - #39- 9/26/14 - Commentary - News - And More
Celebrating a decade plus of bringing you the Industry's Inside Music, Digital Audio & Video, and Technology News And Commentary Of Choice To Keep You Informed Since 2003
All reader e-mails are answered.
COMMENTARY AND ONE MAN'S OPINION
THE SIRIUS/XM LAWSUIT THING
"There is more to come in this case, but so far this is a huge victory whose consequences almost impossible to overstate. It definitely may be the beginning of the end of the "Pandora Loophole" and it affects many artists from Miles Davis and Duke Ellington to Bob Dylan and Neil Young, and many other great recording artists who are responsible for putting American music on the map." -- From 'A Copyright Attorney On The Ramifications Of The SiriusXM Legal Defeat' by copyright and intellectual property attorney Wallace E. J. Collins III, Esq. (Link below)
In a ruling that could have major impact on all broadcasters, California U.S. District Court Judge Philip Gutierrez ruled that Sirius XM must pay copyright fees for pre-1972 recordings. Flo & Eddie of The Turtles brought the lawsuit in 2013 over the public performance of "Happy Together" and their other pre-1972 sound recordings seeking $100 million in damages. Read more: Sirius XM Loses Pre-1972 Music Lawsuit, Potential Damages In $100s Of Millions
And now, "Sirius, Pandora and other digital broadcasters in refusing to pay royalties on pre-1972 masters have created total chaos for digital broadcasters and enormous liabilities for their shareholders. A federal judge has ruled that Sirius has no license to play these songs. This is not a just a devastating setback for Sirius. It has wide ranging repercussions for the entire broadcasting industry. Does any service have a license to play any pre-1972 recording? That is now an open question." Sirius, Pandora Pre-1972 Music Royalty Scam Creates Broadcaster Chaos, Huge Shareholder Liability
"Score one for the musicians: a California Federal Court Judge delivered a legal earthquake in the music industry by declaring that Flo & Eddie of the Turtles prevail on the issue of the public performance of their pre-1972 sound recordings in their legal action against SiriusXM. The ongoing lawsuit seeks $100 million in damages but the money is hardly the only consequence of this ruling that could eventually disrupt the operations of the satellite radio giant as well as other services like Pandora." A Copyright Attorney On The Ramifications Of The SiriusXM Legal Defeat
THE 'A-SIDE' - TRACK 2
A very interesting from the New York Times' Ben Sisario 'CD-Loving Japan Resists Move to Online Music'
"Tower Records closed its 89 American outlets in 2006, but the Japanese branch of the chain —controlled by NTT DoCoMo, Japan's largest phone carrier — still has 85 outlets, doing $500 million in business a year.
At Tower's flagship store, in the heart of the skyscraper-lined shopping district of Shibuya, a group of preteen girls called Kokepiyo performed for fans and autographed CDs one afternoon last month, while their mother-managers watched protectively. Outside, an 18-year-old student who gave her name as Yuria had come to Tower to see her favorite band, the Lotus. She carried a bag full of merchandise she had bought at the store, and said that she frequently buys multiple collectible copies of CDs"Read about just some of the reasons the CD still is king in Japan
THE 'A-SIDE' - TRACK 3
Before he worked at Google, Tony Fadell was mostly known for his work at Apple. His breakout success back in 2001 was the iPod, Apple's revolutionary digital media player, a product he oversaw as senior vice president until his departure from the company in 2008.
Last week, Apple killed off the iPod Classic, the last remaining iPod model that still resembled Fadell's original design: a big laptop hard drive full of MP3s with a click wheel on front.
What killed the iPod? Read iPod Mastermind Tony Fadell On The Death Of The iPod: "You Can't Get Too Nostalgic"
THE 'A-SIDE' - TRACK 4
From Rolling Stone, "As music shifted from CDs to downloads, sound quality devolved into "a little above a Fisher Price level," Neil Young says.
Now, new services such as Tidal, Deezer and Young's own Pono are promising "lossless" files that could be the wave of the future. Read More
THE 'A-SIDE' - TRACK 5
Urban Outfitters is not just the world’s foremost supplier of music festival-related laughs, misguided convictions related to hats, and massacre-related kitsch. It now also claims to be the world’s No. 1 seller of vinyl records. Read the article
THE 'A-SIDE' - TRACK 6
Fullscreen is a leading multi-channel network on YouTube that has been making the move to be something more. That includes providing services to their clients. One recent addition was a music distribution and monetization deal with Loudr. Today Fullscreen had even bigger news with the announcement that Otter Media, a partnership between The Chernin Group and AT&T, will purchase a majority stake in Fullscreen.
The deal includes a better rev share with Loudr keeping only 15% on cover songs rather than 30% as is their normal take to cover licensing costs. In addition, Fullscreen creators can: Sell music on iTunes, Spotify, Amazon, Loudr, and beyond; License cover songs so you can monetize your recordings; Split earnings with your collaborators; etc. Fullscreen MCN Acquired by Otter Media, Cuts Monetization Deal With Loudr
BETWEEN THE GROOVES
ITEM: Where do the most people go for TV online? YouTube. A Magid survey found more people report going to Google's video site to watch television shows than Netflix or Hulu. Read more
ITEM: U2 is working with Apple to create a new digital music format that would assure that songwriters and artists get paid for creating music. Their plans "might just save the music industry," according to a preview of a Time Magazine cover story posted online Thursday morning. Time reporter Catherine Mayer spent the last week with the band, including travelling to Cupertino for their Apple album giveaway and performance. But that's just the start of what they have planned, according to Bono. U2 Working With Apple On "New Digital Music Format" That Assures Artists Get Paid Again
ITEM: Each of George Harrison's first six solo albums remastered from the original analogue masters in upgraded packaging for CD and digital release, are available individually and as a box set. The box set also contains a DVD with over 40 minutes of video including a new 'Apple Year's feature and a bound book with essay and rare and unseen photos. Watch the trailer on Youtube HERE
ITEM: Apple said on Monday it has sold more than 10 million new iPhones since their launch Friday, breaking a company record for first-weekend sales. The company unveiled the new iPhone 6 and iPhone 6 Plus models two weeks ago. They are now available in the U.S., Australia, Canada, France, Germany, Hong Kong, Japan, Puerto Rico, Singapore and the U.K., and will go on sale in 20 more countries Friday." Read more
ITEM: Sad news. Social media is one of the main sources of news for American adults, and Facebook is easily the most popular social media venue for getting news, according to Pew Research. Overall 64% of U.S. adults currently use Facebook, and just under half of these (30%) say they get news on the site, Pew found. More
THE 'A-SIDE' - THE BONUS TRACKS6 TV Shows That Put Insane Work Into Details Nobody Noticed 11 Game-Changing Technology Trends
THE 'A-SIDE' - SOME NEWS IN SHORT
MICHAEL & FREDDY: Thirty-three years after they began work on the track, Queen will finally release "There Must Be More to Life Than This," featuring Michael Jackson and Freddie Mercury. The track is one of three unreleased cuts set for the compilation 'Queen Forever.' Read More
NEW FLOYD: Well, almost. Roger Waters won't be involved, but Pink Floyd have finally announced details of 'The Endless River,' the band's first album in 20 years. It's a tribute to the late keyboardist Rick Wright, who was "at the heart of the Pink Floyd sound," says drummer Nick Mason. Read More
DYLAN MUSIC CARES TRIBUTE: The Recording Academy has named Bob Dylan as its MusiCares Person of the Year for 2015. The influential singer-songwriter will be honored at a special ceremony two days before the Grammys on February 6th. a wide array of popular artists will honor Dylan with performances. Beck, the Black Keys, Crosby, Stills and Nash, Norah Jones, Tom Jones, Los Lobos, John Mellencamp, Willie Nelson, Bonnie Raitt, Eddie Vedder, Jack White, Neil Young and John Doe are all slated to appear. Don Was will serve as the evening's musical director and more performers have yet to be announced.
MAYBE ENOUGH OF THESE TYPE SHOWS? On NBC, the fall cycle of ‘The Voice’ debuted to a 3.9 adults 18-49 rating, way down from last year's 5.1 adults 18-49 rating for the fall cycle.
NEW WHO: To celebrate their 50th anniversary, the Who will release a career-spanning greatest-hits collection, titled 'The Who Hits 50!', that will feature the band's first new song in eight years. Described as "a classic Who rocker," "Be Lucky" is the Who's first original since their 2006 comeback album 'Endless Wire.' 'The Who Hits 50!' arrives October 27th, just a few weeks before the band's anniversary tour of the same name kicks off in Europe.
BABS FACTS: With the arrival of her new album "Partners' at No. 1, Barbra Streisand becomes the only act with No. 1 albums in each of the last six decades. With a 10th No. 1, she ties for the fourth-most No. 1s in history with Elvis Presley (who is featured on 'Partners'). Ahead of them are the Beatles, with 19, Jay Z, with 13, and Bruce Springsteen, with 11. (Streisand continues to hold the record for the most No. 1 albums among women.)
NEW YOUNG: On tour, Neil Young and Crazy Horse have been working out a new activist anthem called "Who's Gonna Stand Up?" Young has used it to lend support to Farm Aid and the People's Climate March, and now he's dropped three recorded versions of it. Read More
ROD'S BALLS LEAD TO LAWSUIT: A lawsuit filed against Stewart in Clark County district court in Nevada on Monday claims that Rod Stewart injured a concertgoer during an October 2012 show in Las Vegas. In his complaint, Mostafa Kashe says that he was at Stewart's concert at Caesars Palace when Stewart "intentionally kicked multiple soccer balls into the crowd of the concert." Full story at TheWrap
BETTE'S BACK: For her first studio album in eight years, Bette Midler is revisiting some of the vocalists who shaped her the most -- girl groups -- on 'It’s The Girls', due Nov. 4 via Warner Bros. Records Bette Midler Announces Comeback Album.
TRUE DETECTIVES 2: Colin Farrell and Vince Vaughn will star in HBO's "True Detective" Season 2, as previously reported by TheWrap.
BRUCE JUICE REDUX: Bruce Springsteen's first seven studio albums are being re-released in a remastered box set for November 17th. 'Born to Run' and 'Darkness on the Edge of Town' have already been remastered, but fans have been clamoring for updates on the other titles. Read More
BARRY SINGS WITH DEAD PEOPLE: Barry Manilow has recorded an album of duets with dead people. They are all dead. And he’s releasing it a few days before Halloween on October 27th. Duets included with the following: Judy Garland, Marilyn Monroe and Jimmy Durante, Andy Williams, Louis Armstrong, "Mama" Cass Elliot, Sammy Davis Jr., Dusty Springfield, John Denver, and Frankie Lymon. Read more on Showbiz411.com Duets with the Deceased
BEATLES STAGE SET FROM SULLIVAN FOR SALE: A half-million dollars can't buy you love, but it can buy you an autographed chunk of the 'Ed Sullivan Show' stage backdrop displayed during the Beatles' American live debut on February 9th, 1964. That iconic item will be for sale at 'The Fest for Beatles Fans', a mecca for Fab Four collectibles, which is headed to the LAX Marriott in Los Angeles between October 10th and 12th.
STUPID IS AS STUPID DOES: Here comes a slew of late-night talk-show jokes. Now we know, he really is as dumb as he acts. Mike Sorrentino has a legal situation on his hands. Sorrentino, who rose to fame under the nom de reality TV "The Situation" on MTV's "Jersey Shore," has been indicted on tax charges, U.S. attorney Paul Fishman said Wednesday. Sorrentino and his brother/manager Marc Sorrentino are accused of failing to properly pay taxes on $8.9 million in income that the reality star raked in from promotional activities. The Sorrentinos were released on $250,000 bond on Tuesday and are expected to be arraigned in Newark federal court on Oct. 6.
CMT NEWS: CMT's Fall Slate Includes New Concert Series With Kenny Chesney, Florida Georgia Line, and more. New and returning series will feature John Legend, Lee Ann Womack, Hunter Hayes, Lady Antebellum and Big & Rich. Full story at TheWrap
--------------------------THE TOP 20 ALBUMS FROM THE BILLBOARD CHART
NEW - 1. Barbra Streisand, Partners
NEW - 2. Chris Brown, X
NEW - 3. Tim McGraw, Sundown Heaven Town
NEW - 4. George Strait, The Cowboy Rides Again
NEW - 5. Train, Bulletproof Picasso
6. One Republic, Native
7. Maroon 5, V
8. Lecrae, Anomaly
NEW - 9. Motionless In White, Reincarnate
NEW - 10. Slash, World On Fire
11. Soundtrack, Guardians Of The Galaxy
12. Soundtrack, Frozen
NEW - 13. For King & Country, Run Wild,:Live Free: Love Strong
14. Jeezy, Seen It All: The Autobiography
15. Jhene Aiko, Souled Out
16. Ariana Grande, My Everything
17. Sam Smith, In The Lonely Hour
18. Meghan Trainor
19. Ed Sheeran, X
20. Lee Brice, I Don't Dance
FALLING OUT OF THE TOP 20
NEW - 4. Ryan Adams, Ryan Adams
NEW - 7. Interpol, El Pintor
NEW - 8. Dustin Lynch, Where It's At
NEW - 10. Robert Plant, Lullaby And The Ceaseless Roar
NEW - 12. Banks, Goddess
NEW - 14. Ritzz, Next To Nothing
NEW - 17. Vance Joy, Dream Your Life Away
18. Iggy Azalea, The New Classic
19. Various Artists, Now That's What I Call Music Vol. 51
------------------------------TV WASTELAND, IT'S ONLY TV WASTELAND
Here's last week's top 25 rated shows: TV Ratings Broadcast Top 25: 'Sunday Night Football' Tops Week 52 With Adults 18-49 & With Total Viewers
You can check the top 25 cable rated shows here: Cable Top 25: 'Monday Night Football' Tops Cable Viewership for the Week Ending September 21, 2014
------------------------------LET'S ALL GO TO THE MOVIES
Film title, estimated weekend gross, total box office to date
NEW - 1. The Maze Runner, $32,500,000
NEW - 2. A Walk Among The Tombstones, $13,126,000
NEW - 3. This Is Where I Leave You, $11,860,000
4. No Good Deed, $10,200,000, $40,110,000
5. Dolphin Tale 2, $9,005,000, $27,070,000
6. Guardians Of The Galaxy, $5,180,000, $313,669,000
7. Let's Be Cops, $2,675,000, $77,196,000
8. Teenage Mutant Ninja Turtles, $2,650,000, $185,018,000
9. The Drop, $2,0500,000, $7,690,000
10. If I Stay, $1,835,000, $47,672,000
Want to know what the top 500 grossing movies of all time are? You can see the list here
FROM THE ONION "AMERICA'S FINEST NEWS SOURCE"
NASA Administrator Resigns After Leak Of Offensive Anti-Moon Email
HOUSTON—Saying he deeply regretted his "thoughtless and insensitive" comments, NASA Administrator Charles Bolden announced his resignation as head of the nation’s space agency Tuesday following the disclosure of an email in which he made a number of disparaging statements about the moon.
Bolden, a 35-year NASA veteran, had reportedly faced mounting pressure to step aside ever since an internal office email in which he characterized the moon as "useless" and "a barren eyesore" came to light several weeks ago. Read the rest and laugh
"It’s been almost a year since Kris and Bruce Jenner separated, and now it’s time for them to file for divorce because that’s what’s written in the script between Kourtney gets pregnant again and Rob shoots himself next to a bucket of ribs for November sweeps. Kris has requested joint physical and legal custody of Kylie (their only minor child), and that she keep all her jewelry and assets amassed since their separation. She requested all other assets be divided later. So basically Kris didn’t want to give Bruce a cut of Kim and Kanye’s wedding which makes sense considering she’s the one doing all the pimping." -- From The Superficial.com, Kris & Bruce Jenner Filed For Divorce
The Music Industry Past, Present & Future, And The Internet
I answer questions on EconTalk
I did an interview about the industry and the Internet at EconTalk with host Russ Roberts some time ago. Russ is also a professor of economics at George Mason University, blogs at Cafe Hayek, and has written three novels that teach economics.
In the interview we talk about the evolution of the music industry, the impact of the digital revolution, and I give my reasons for believing in the virtues and potential of the Internet in enhancing the music industry. I point out, as I have many times here in the newsletter, that the internet allows numerous artists to make money from their music and it can enhance revenues from live performances by expanding an artist's base. We also discuss the challenges facing record companies and I suggest that the full potential of the Internet as a distribution channel has yet to be fully exploited. There's a lot of ground covered, but based on the comments already posted of those who have tuned in, they've enjoyed it.
You can listen to the interview (it runs a tad over an hour) or download it here: http://tinyurl.com/y9f3tld
"When a population becomes distracted by trivia, when cultural life is redefined as a perpertual round of entertainments, when serious public conversation becomes a form of baby-talk, when, in short, a people becomes an audience and their public business a vaudeville act, then a nation finds itself at risk: culture-death is a clear possibility." -- Neil Postman
Archived commentaries from nine years of DISC&DAT are available on request. Please make your requests as specific as possible as to what content and/or topics you are looking for.A 'Best Of Disc & Dat' collection, containing the most popular commentaries over ten years, is available for a small fee, and can be e-mailed to you within 48 hours.
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Smart Marketing Consulting Services has been in business sixteen years, and consults clients in the music, entertainment, attraction, media, and technology industry on branding, marketing, online exploitation, maximizing new media, and more.
And the beat goes on, the beat goes on ...drums keep poundin' rhythm to the brain.
"Work is life, you know, and without it, there's nothing but fear and insecurity." -- John Lennon
DISC & DAT - Weekly Edition, © 2003 - 2014, online at http://stevemeyer.webs.com/
Published By Steve Meyer
President/CEO - Smart Marketing Consulting Services
Editor, Digital Technology: http://www.allaccess.com/disc-and-dat
Las Vegas, NV
I welcome and appreciate forwarding of the newsletters in their entirety or in part with proper attribution.
Unless otherwise expressly stated, all original material of whatever nature created by Steve Meyer and included in this newsletter and any related pages, including various news and other information, is licensed under a Creative Commons License.
ABOUT STEVE MEYER
Steve Meyer is a 38 year music industry veteran, having served in executive capacities at both Capitol and MCA Records before starting his own company, Smart Marketing, to consult clients in the entertainment, media, and broadcast industries. Steve was a recipient of many awards during his industry tenure, including Sr. VP/Promotion, and Record Executive Of The Year awards, as well as Billboard Magazine's Award for Excellence in National Promotion.
A respected authority on pop-culture and the entertainment industry, Steve was interviewed by Martin A. Grove, for three separate books on pop music.
In 2003, he started publishing the new media newsletter 'DISC&Digital Audio Technology', to address challenges the music industry was facing in the emerging online digital world. The newsletter is published every Friday, sent to almost 2,000 subscribers direct, and posted on the leading music industry resource http://www.allaccess.com/disc-and-dat as well as his own site http://stevemeyer.webs.com/
Since 1996, Steve has consulted labels, artists, managers, producers, and media companies.
Steve is also a freelance journalist, and has had articles published in various industry publications. He guest lectures at industry events, colleges, and elsewhere when requested.
For advertising and or sponsorship inquiries, or to subscribe to the newsletter please contact me at: firstname.lastname@example.org