Collective management rights organisation GEMA wins its case with the regional court Munich I against file-sharing host Uploaded. The decision confirms that file-sharing hosts are liable to pay damages if they do not prevent the upload and distribution of copyright-protected contents.
The regional court Munich I has decreed on 10 August 2016 (AZ 21 O 6197/14) that online services whose business models are based on big-scale copyright infringements are liable to pay damages. “The regional court Munich has decided in the interest of our members. Their ruling confirms that file-sharing hosts play a significant role in the proliferation of music piracy” states Dr Tobias Holzmüller, GEMA’s General Counsel, welcoming the decision. “Online service providers have previously only been obliged to remove contents infringing copyright from their platforms. By pronouncing the liability to pay damages for file-share host Uploaded, composers, lyricists and music publishers at least get a small compensation for the rights infringements of their works that have been committed on a massive scale.”
File-share hosts such as Uploaded provide their customers with storage space so they can upload files. They create links to the uploaded files which are then disseminated as publicly accessible collections of links. The regional court Munich classifies Uploaded as a service which constitutes a specific source of risk for copyright infringements. As an “accomplice” in the illegal making available of contents protected by copyright, Uploaded should assume its responsibility, according to the judges. Dr Harald Heker, GEMA CEO says: “File-share hosts make a lot of money with the exploitation of creative contents. Copyright infringements are thus deliberately taken into account and accepted. This imbalance at the expense of our members is unacceptable for us. We therefore demand a legal framework where platform operators are held accountable and authors finally get their fair share in the respective proceeds. This decision is a clear signal for creatives.”
Once GEMA had pointed out the contents infringing copyright, the file-share host had not removed the files to a sufficient extent, the judges found. By its very design, the file-share host rather increased the risk of a right-infringing exploitation. The judgement is not yet legally binding.
GEMA represents the copyrights of more than 70,000 members (composers, lyricists and music publishers) in Germany, and more than two million copyright owners globally.
Newly released figures show that Germany’s recorded music market grew by 3.6 per cent in the first half of 2016. Total revenue from the sales of CDs, vinyl, downloads and the use of streaming services increased in value by a total of 3.6 per cent over the same period in 2015. Audio streaming was the key driver for the growth, with revenue from premium subscriptions and ad-supported services, such as Spotify, Apple Music, Deezer, Napster etc., increasing by 88 per cent.
Vinyl sales also saw a significant increase of 46.2 per cent over the same period in 2015 with its market share rising to 4.3 per cent (compared to 3.1 per cent in the first half of 2015). Sales of CDs declined by 9.6 per cent in the first half of 2016 but remain the dominant format with a 52.3 per cent share of sales. Overall, market figures show a split of 60.4 per cent physical and 39.6 per cent digital sales.
Professor Dieter Gorny, Chairman of Germany’s Federal Music Industry Association (BVMI) said: “These figures indicate that the process of digitisation is occurring even faster than we had previously thought. As music becomes increasingly a digital business, it is more important than ever to establish the right environment for the whole sector to adapt in this new world. A few weeks ago, more than 1,100 musicians and bands signed and sent an open letter to the European Commission, thus showing that artists – who are the nucleus of our entire industry – have serious concerns about the value gap and about their future. The truth is that if we don’t find a solution to this, it might have profound consequences in the future on the art and the profession of making music.”
BVMI Managing Director Dr Florian Drücke said: “The latest figures are heartening for two reasons; firstly, the German market continues to grow, thus enlarging the share of revenue for the whole sector. Secondly, the significant increase we are seeing in audio streaming makes it clear that our industry is successfully adapting to the digital world and has developed a compelling offer for music consumers.
“However, for this transformation to continue we much ensure that music content is sufficiently protected against copyright infringement – both online and offline – and that all participants are able to benefit fairly from the proceeds. Indeed, this is not about the future any longer, but about the digital present.”
Canalphonic have just released details for their Making Waves element of the festival this year.
The Making Waves Stage located in Leinster Cricket club will feature some well known and a number of the best upcoming acts in the country .
The daily schedule is as follows
Friday 23rd Sept
5pm Mutefish
6pm Jem Mitchell Band
7pm Barq
8pm The Eskies
Sat 24th Sept
2pm St Marys choir
3pm The Bonnymen
4pm Maud in Cahoots
5pm Mick Pyro
6pm Sample Answer
7pm Zaska
8pm Rocstrong
A community based festival using a mix of bars, coffee shops and local businesses to showcase independent music and arts, the festival is the result of an ongoing collaboration between Dublin City Council’s South East Area Office and Abner Browns Barbershop, supported by Fáilte Ireland, Clancourt Group, Waterways Ireland, Dublin City Council Arts Office, IMRO, Heineken, McGarrell Reilly Group, CPM Ireland and Rohan Holdings.
With 29 venues including the 5,000 capacity Making Waves main stage in the middle of Rathmines, this will be unmissable!
Submit your original Alt-Country song to be in with a chance to win prizes including €300 first prize, a DownDa Road Productions runner up prize consisting of €100, a slot at The Short Grass Sessions plus a professionally recorded and edited live video. Other prizes include designer western head wear from Shevlin Millnery and a one-of-a-kind, hand crafted sculpture first place award by Deirdre Griffin Glass Fusion. And it’s FREE to enter!
A shortlist of 20 songs will be selected by organisers to be presented to the three expert judges Niall Toner, Catherine Simpson & David Virgin who will decide the winner and runners up.
The winners will be announced and prizes will be awarded at the Award Ceremony at IMRO (Irish Music Rights Organisation) HQ in Dublin on October 13th 2016. Follow on Facebook and Twitter for all contest news and updates:
Click HERE to enter the contest (please read The Rules below before entering)
ASCAP and BMI, the USA’s two leading performing rights organisations (PROs) collectively representing more than one million songwriters, composers and music publishers, have joined forces to fight the Department of Justice’s (DOJ) recent interpretation of their respective consent decrees and to push for consent decree reform. United in their belief that the DOJ’s decision to mandate 100% licensing will cause unnecessary chaos in the marketplace and place unfair financial burdens and creative constraints on songwriters and composers, the two organisations are pursuing a joint campaign: BMI through litigation and ASCAP through legislative reform.
The Grunts release their long-awaited second LP ‘Cult Before Country’ on Inner Chapter Records; ten tracks of rich and colourful alternative rock weaving in strains of indie, psych and punk.
The title of the record refers to the alluring charm of dangerous ideas, and this is borne out by the oddball characters and stories that are woven into songs like ‘Frigid Air’, ‘NYC Woman’ and ‘The Guy That Stalked You Has Become The President’.
Formed over 8 years ago and taking their influences from early U2, Echo & the Bunnymen, The Cure and the Pixies, The Grunts have steadily become one of Ireland’s most respected indie rock bands. They spent the majority of 2015-16 writing and recording ‘Cult Before Country’ in between regular touring in Ireland and a return visit to New York’s Bowery Electric. On this album the Grunts are joined by Kevin J. Power (who also recorded and mixed) on bass, backing vocals and keyboard.
More info: https://innerchapter.com/2016/06/06/the-grunts-cult-before-country-ic006/
Buy album: https://innerchapter.bandcamp.com/album/the-grunts-cult-before-country
Irish band Cronin have had a few eventful months while finishing off their debut album from Pete Doherty giving them shout outs in arena’s to Noel Gallagher hiding behind their CD cover to escape the London paparazzi to Niall Horan turning up to their gigs.
The album has been a labour of love over 3 years for the band based around Leeds/Irish brother Johnny and Mick Cronin along with Brian Murphy and Fiachra Milner. Recorded in their own Transmission Rooms studio with long term collaborators Ger McDonnell(U2, Manics, Dexys), Karl Odlum(The Frames, Fionn Regan) and string arranger Terry Edwards(PJ Harvey,Tindersticks).
Never a band to pass up an opportunity there are quite a few names from the Irish industry on the album from fiddling Waterboy Steve Wickham, JJ72’s Mark Greaney, vibmaster BP Fallon reading John Donne, Mod Godfater Irish Jack Lyons reflecting on past love and Pogue Shane MacGowan giving one of his trademark screams amongst others.
“It is quite a retro album and we hold our hands up to that. The influence of our hero’s is all over it for everyone to hear. we sort of had to get these fantasies out of our system before we can move on as songwriters.’ Mick Cronin reflects.
Cronin are launching the album with a special Midlands show in The Stables, Mullingar on Sun 31st July.
Special guest on the night is legendary Mod guitarist Steve Cradock (Paul Weller, OCS, The Specials) who will be DJing till the early hours.
A Dublin launch is scheduled for mid September with date TBC.
Some nice things people have said about Cronin.
“Like The Shadow Puppet’s older brothers” Yorkshire Evening Post
“Touches of A House, Neil Diamond, Nick Cave, Richard Ashcroft.” Steve Lamacq BBC Radio 6
Epic stuff, great singing, spine tingling magic from Cronin” Steve Wickham, The Waterboys
Cronin manage to consistently produce quality songs produced to the highest standard that reflects their love of not just music but the history of music. Top class band!”
Pete Holidai, The Radiators from Outer Space
“Pure Celtic Soul.” Shane MacGowan, The Pogues
“Cooler than a refrigerated polar bear.”Hot Press Magazine
Cronin have a few dates coming up in promotion of the album. More to be added as confirmed.
Fri 29th July – Independence Festival, Cork
Sat 30th July – Newport Festival Co Mayo
Sun 31st July – The Stables, Mullingar
Mon 1st Aug – Le Cheile Fest, Oldcastle.
Fri 19th Aug – Boyles, Slane
Sat 20th Aug – Viking Fest, Kells
Sun 21st Aug – The Marquee in Drumlish, Longford
Fri 2nd Sept – The Electric Picnic, Stradbally
croninmusic.com
facebook.com/croninmusic
@croninmusic
Leslie Dowdall is the voice and songwriter behind the sound that was In Tua Nua. Mike Hanrahan is the voice and songwriter that was Stocktons Wing.
Leslie and Mike have toured intermittently in recent years and this is their first recording since Learning to Let Go released a few years back.
Leslie has released two solo studio recordings No Guilt No Guile and Out There. Her song Wonderful Thing was one of the hit songs of the nineties and featured on many national ad campaigns including The National Lottery. She has toured with Paul Brady and provided guest vocal on numerous recordings.
Mike Hanrahan has released two solo albums, Someone like you and What you know and spent many years touring and recording with Ronnie Drew and Eleanor Shanley. As a producer he worked with Ronnie and Eleanor on various projects. Beautiful Affair, a hit song written by Mike for Stocktons Wing was voted into National Irish Radio’s top 75 songs over its 75 year history. It was also voted no.7 in a 25 year National Radio poll.
Leslie and Mike occasionally perform at intimate venues and are currently working on dates for an autumn tour. The live show features Leslie on vocal, keyboard and guitar and Mike on guitars and vocal.
“The show is like a wonderful rollercoaster ride through a sea of emotions that stays with you long after the night has faded…. “
You are my sister features Leslie on vocals and piano, Mike on guitars and vocals and special guest appearance from Ciaran Brennan on Double Bass. The song was recorded in Glenmalure among the Wicklow hills.
Further info
http://www.lesliedowdall.ie
http://www.mikehanrahan.com
IMRO member Vincent Kennedy has a number of important performances of his music in the coming weeks. On Tuesday 2nd August the RTÉ Concert Orchestra conducted by Elaine Kelly will open its lunchtime concert at the National Concert Hall with Dublin – Overture to My City. This work was originally commissioned for the Orchestra in 2009 and this will be its fourth performance. The concert is also being broadcast live on Lyric FM and the program includes Gershwin’s “Rhapsody in Blue” with soloist Billy O’Brien and music from “Appalachian Spring” by Aaron Copeland and Sean O’Riada’s “Misé Eire”. https://www.nch.ie/Online/RTECO-Summer-Lunchtime-02Aug16
Vincent has been invited to conduct the opening concert of 2016/2017 season of the Albanian Radio Television Symphony Orchestra in Tirana on Friday September 9th. For the concert he will conduct Dublin – Overture to My City and the European premiere of Dreams (2008) for Solo Violin and Orchestra with the brilliant Albania Violinist Lirza Zaloshnja. The program will also include Beethoven’s 7th Symphony and Manuel De Falla’s “Danse espagnole” with Lirza Zaloshnja as soloist. The concert is being broadcast on Albanian National TV and during the week of rehearsals Vincent will also take part in radio and TV interviews and other talks.
Currently the Italian Harpist Alexandra Selleri is doing a series of concerts in Northern Italy featuring Vincent’s music. On 22nd July she performed Meditation on the Book of Kells from The Chronicles of Meath at Chiostro Francescano di Campo Lomaso with Violinist Sergio La Vaccaro. On 2nd August Alexandra performs Lament at the Hook from The Hook – A Place and A People in a new arrangement for Harp and Trumpet at Museo delle Palafitte di Fiavè with Davide Riccioni Trumpet.
All this comes after Vincent’s collaboration with acclaimed traditional composer, producer, multi-instrumentalist and IMRO member Manus Lunny on Home to Ballybeg the brilliant new composition by Manus which was premiered to great acclaim on 17th July in An Grianan Theatre Letterkenny as part of the Errigal Arts Festival. Manus worked closely with Vincent who created and conducted the string score. Manus was joined by two of his band mates from top Scottish outfit Capercaillie, Donald Shaw and Ewan Vernal (former Deacon Blue bass player). Also on stage was Mairéad Ní Mhaonaigh of Altan; Michael McGoldrick, who has toured the world with Mark Knopfler; and leading Donegal fiddler Teresa Kavanagh. Edinburgh multi-instrumentalist Fraser Fifield completed the line-up. Home to Ballybeg is a musical journey that draws on the landscape and characters, the inspiration and the issues that so passionately influenced Brian Friel’s writings. Each of the performed works is deeply rooted in Irish Traditional music, born in the heart of the Donegal Gaeltacht and transports the audience into the world of one of the greatest Irish playwrights.
Ash will receive a special Legend award presentation followed by a live performance at the Mandela Hall, Belfast, November 11.
Ash will be the latest recipients of the Oh Yeah Legend Award. This recognises the exceptional contribution of a musician or a music industry figure from Northern Ireland.
After receiving the Legend Award, Ash will perform their debut album ‘1977’, which was released 20 years ago.
The Ash story is a remarkable one. Formed at Downpatrick High School in 1992, they have secured two Number One albums in the UK plus 18 Top 40 singles. Front man Tim Wheeler won the Ivor Novello Award for Best Contemporary Pop Song in 2001 for ‘Shining Light’. Their music has featured on numerous film soundtracks and video games. They have sold over eight million records worldwide.
Charlotte Dryden, CEO the Oh Yeah Music Centre says: “Ash have played a major part in the story of Northern Irish music and in the story of Oh Yeah too. Our centre is named after the very song which features on their debut album, ‘1977’. How brilliant to finally honor and celebrate the band with an Oh Yeah Legend Award. We can’t wait to hear this classic album performed live and in full on the twentieth anniversary of its release. It is going to be a momentous evening.”
Talking about the 1977 tour, Ash say, “We’re as excited as we are in disbelief to announce the 20th anniversary tour of 1977. Some of these songs have grown with us throughout those years; others have the ability to transport us mentally and emotionally back to that crazy formative year of 1995 to 1996. These gigs are going to be a trip, trip, trip!”
The band are currently working in New York at their Atomic Heart Studios, writing new songs for a follow up to their 2015 album ‘Kablammo!’.
Previous recipients of the Oh Yeah Legend Award are:
The Divine Comedy (2015)
Therapy? (2014)
Gary Moore (posthumous) (2012)
Stiff Little Fingers (2011)
The Undertones (2010)
Henry McCullough (2009)
Terri Hooley (2008)
The Oh Yeah Legend presentation will be preceded by another award, the NI Music Prize, which will celebrate the very best of Northern Irish albums. This will be decided by an academy of local media and industry professionals following live performances by several shortlisted acts at the Mandela Hall.
Previous NI Music Prize winners are:
SOAK – ‘Before We Forgot How to Dream’ (2015)
Robyn G Shiels – ‘The Blood of the Innocents’ (2014)
Foy Vance – ‘Joy Of Nothing’ (2013)
The NI Music Prize is supported by the Arts Council of Northern Ireland.
This event is part of a wider programme, Sound of Belfast that will take place November 4-12.
Tickets, £15 are available online:
Ticket link:
https://www.eventbrite.com/e/ash-oh-yeah-legend-award-northern-ireland-music-prize-tickets-26679934402?aff=utm_source%3Deb_email%26utm_medium%3Demail%26utm_campaign%3Dnew_event_email&utm_term=eventurl_text
