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Indian E-music – The right mix of Indian Vibes… » 2019 » April » 04

FDA Schedules Hearing on Cannabis; FTC and FDA Send Cease and Desist Letters to Sellers of CBD Products – What is the Effect on Advertising?

Delivered... David Oxenford | Scene | Thu 4 Apr 2019 11:29 pm

The developments surrounding the regulation of cannabis products, and the impact of that regulation on the ability of broadcasters and other media companies to run ads for these products, continue on an almost daily basis.  Of course, the developments don’t all point in a single direction.  As described below, at the same time as the FDA schedules a hearing to look at cannabis products and the rules that should apply to them, the FTC and FDA together have written warning letters to CBD marketers advising them to stay away from making specific health claims about their products and to avoid promoting edible products.  What does this mean for media companies that have been approached to advertise these products?

We very recently wrote about the murky state of the law on CBD advertising (mentioning our continuing concerns about marijuana advertising even in states where it has been “legalized”).  In that article, we warned that broadcasters should be particularly concerned about selling advertising that markets CBD products to be ingested, or advertising which makes unsupported health claims.  In a joint action announced last week, the FTC and the FDA wrote letters to three sellers of CBD products, warning those companies that their marketing raised legal issues.  In these letters, the FTC expressed concern that the marketing contained health claims that could not be substantiated, and the FDA was concerned about the marketing of supplements and other CDB products to be taken orally that had not been approved by the FDA as either foods or medicines.  At least one of the letters cited a “salve” that presumably was not to be ingested, so the concern there seemed to be solely the specific health claims made for the product.  These letters reinforce the concerns that we expressed about advertising that contains specific health claims or which deals with products to be taken by mouth (either as dietary supplements, medicines or in other foods) – so stations should be especially wary of such ads. 

In our article we also mentioned that the FDA was expected to hold a hearing soon to look at the issues of regulating CBD and other cannabis products – looking at labeling and purity standards as well as other issues involved in the marketing of such products.  A notice was published in the Federal Register this week announcing that the hearing will be held on May 31, and written comments will be accepted through July 2.  It will be interesting to watch this proceeding to see the issues that are of concern to the FDA in marketing these cannabis products.

Together, these actions reiterate the ambiguous status of CBD sales.  As we detailed in our prior article, while the 2018 Farm Act seems to legalize the production and sale of hemp-based CBD products, that production and sale is only supposed to be done pursuant to federal and state laws that have not yet been approved.  Some production is also legal under the 2014 Farm Act, but it is difficult to determine whether what is being sold has really been legally produced.  But CBD products seem to be ubiquitous – I even recently received an ad from a well-known national chain of beauty spas from which I had once purchased a gift certificate advertising their new CBD oil treatments.  And even big chain drugstores like CVS and Walgreens seem to be getting into the sale of at least some CBDs.  Broadcasters and other media companies nonetheless need to move slowly and talk with counsel about ways to minimize risks in accepting advertising for what has become a fast-growing product category for all sorts of businesses.

The Veronicas, Middle Kids and Tame Impala: 20 best Australian tracks for April

Delivered... Nathan Jolly and Guardian Australia | Scene | Thu 4 Apr 2019 6:00 pm

Each month, we feature 20 new and unmissable Australian songs. Read about 10 of our favourites – and subscribe to our Spotify playlist, which updates at the start of each month

Related: Hottest 100: AB Original and Dan Sultan praise date change at Arias

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From Ukraine, a compilation to resist normality and go braindance

Delivered... Peter Kirn | Artists,Labels,Scene | Thu 4 Apr 2019 5:02 pm

The letters titling the release spell out, in Cyrllic, “sh**s.” And more than just another dull compilation, this collection of tracks is a statement – in opposition to commercialism and homogeny, in favor of “braindance” weirdness.

The earnest voices of the ШЩЦ creators intone their explanation in an ‘intro’ track you get with the download. “We have power to … make it not commercial, to make it true, to make it native,” they explain – “emotional music, true music from true people.” 23 artists were picked out of hundreds, and the result is a pay-what-you-will Bandcamp release plus a DVD physical copy. (Just got a confirmation – the DVD I impulse-bought is coming in the mail. This should complete my antiquated release format bingo, alongside floppies and game cartridges and VHS tapes and so on….)

ШЩЦ is a party in Kyiv as well as this first music release, and so in addition to lots of new names, you’ll see the likes of Stanislav Tolkachev. The collective itself is based in the capital city, but connects a group from around the country.

You’ll find some magical and surprising arrangements here. And in an age that so often trends between molasses-thick irony and nostalgia on one hand, or dark dystopia on the other, this is music that that’s free, experimental, and optimistic. Just to name a few favorites, and I like this top to bottom – Xtal’s “A-Body” shimmers with cascades of glistening tunes across a frosty-rich percussion bed. Sztvo’s “Heaton” is equally gorgeous, sunlit-warm stuff. “Famergame” is total insanity, by Potreba – please, please DJ with this and invite me. Jubex “Pass In The Dust” feels almost like the Detroit-Kyiv electro connection, with some dry digital newness thrown in. “Hibernation” by S+ is frenetic and urgent. And yeah, Tolkachev’s contribution sounds like there was a transporter accident on the disco floor. Everywhere there are rhythms that range from frantic digital streams to dorky awkward irregularity.

We’ve heard these timbres and rhythms before, but to me ШЩЦ is a sign that what was once high-falutin’ computer craft has become downright punk – and just as easy and spontaneous, rather than sounding overworked or off-putting.

Ukraine now post-revolution is like UK 90s, they argue. But hey, UK or not, why not go oldschool by making connections just by putting together some tracks and being decidedly weird. More of that, please.

“Listen on Bandcamp … and also, wherever in Internet.”



I also dig that their description reads like a manifesto:

ШЩЦ (SHITS) is a new Ukrainian label that started as a club night in December 2016. It was founded by A-Body, Bodya Konakov and their friends and promotes ‘Braindance’ — a much loved and misunderstood genre of electronic music, forgotten by some and indeed new to others, especially in Ukraine. Label founders want to show a kind of ‘family’ of ukrainian artists (by no means a monopoly) who introducing more freedom and versatility to music. These artists feel that there is a void in the country’s dance music that few were attempting to fill so ШЩЦ (SHITS) aims to demonstrate to the rest of the world that Ukrainian braindance music can be entirely original. Also, it disregards the all-to-common commercial genres and wants to show alternative side of dance music.

They tries to demonstrate this in VARIOUS ARTISTS ШЩЦ01, a DVD compilation.

The compilation features 23 musicians from Ukraine, which makes innovative, but at the same time emotional music. This is the friends of the label who have repeatedly performed at concerts and parties of the ШЩЦ (SHITS), including such names as Stanislav Tolkachev, A-Body, Wulffius, Potreba, Sommer, Tofudj, Sasha Very, Acid Jordan, etc.

Also label places equal importance on the evolution of fresh artists on the scene and aims to offer a fair contract for everyone.

The post From Ukraine, a compilation to resist normality and go braindance appeared first on CDM Create Digital Music.

Music Rights Suit by Radio Music License Committee Against GMR Moved to California Courts – No End in Sight?

Delivered... David Oxenford | Scene | Thu 4 Apr 2019 4:24 pm

This week, the lawsuit brought by the Radio Music License Committee (RMLC) against new performing rights organization GMR (Global Music Rights) for alleged violations of the antitrust laws was determined by a court in Pennsylvania to have been brought in the wrong place – and transferred to a court in California.  This case has been on hold for well over two years while this procedural question was ironed out.  Now that the case has been transferred to California, the litigation that has been on hold while the jurisdictional issue was resolved can begin – but don’t expect quick results as these complicated cases can take years to resolve.  What is involved in this case?

Back in 2016, when RMLC concluded that it was not likely to reach a negotiated royalty rate for radio’s use of the musical compositions controlled by GMR songwriters and publishers, it brought the Pennsylvania court action.  In that action, it argued that the rates that GMR wanted were an abuse of the market power that GMR was able to exercise by banding these songwriters together and offering a license to radio stations on an all-or-nothing basis (see our articles here and here for more on the initial suit).  As it had done successfully with SESAC (see our article here), and as has been the case for decades with ASCAP and BMI, RMLC had hoped to have the court declare that GMR’s unrestrained royalty demands were contrary to the antitrust laws, and that some limits should be imposed on those rates.  The RMLC suit against GMR was brought in the same Pennsylvania court in which RMLC had sued SESAC, which led to the settlement subjecting SESAC rates to arbitration if the parties could not voluntarily agree on rates (and the arbitration process ultimately resulted in significantly lower rates for commercial radio than SESAC had previously received – see our article here on the results of the arbitration).

GMR countered by suing RMLC in a California court (California being where GMR is headquartered) arguing that RMLC was a buyer’s cartel – using an antitrust argument in defense by arguing that RMLC should not be able to negotiate on behalf of virtually all of the commercial radio industry even though that is what it does with ASCAP, BMI and SESAC (see our article here on the countersuit).  GMR also argued in the Pennsylvania court that the court had no jurisdiction over GMR, as GMR had not taken any actions in that state other than to offer music licenses to radio station owners that happened to have stations there.  While RMLC contended that that the music licenses (and some other actions taken by GMR) were enough to make it subject to the federal court in Pennsylvania, the court disagreed, sending the case to California.

That does not, by any means, suggest that the case is over for the radio industry.  Instead, the issues that had been raised by RMLC can now be heard in the California court, along with the issues that GMR has raised in defense.  Antitrust cases can take years to try, so there may not soon been a resolution of these issues.  In the interim, we expect that the current interim licenses (see our article here) will be extended while these issues are litigated unless, at some point, a settlement is achieved.  Keep watching the developments in this litigation to see what royalties will finally be due to this organization.

Indian-origin contestant Alyssa Raghu makes surprise entry on ‘American Idol S2’ – RadioandMusic.com

Delivered... | Scene | Thu 4 Apr 2019 8:00 am
Indian-origin contestant Alyssa Raghu makes surprise entry on 'American Idol S2'  RadioandMusic.com

MUMBAI: The Indian-origin singing sensation Alyssa Raghu, who made it to the top 24, stole a million hearts and garnered a massive fan following with her ...

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