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Indian E-music – The right mix of Indian Vibes… » 2012 » October » 15

RMLC Files Antitrust Suit Against SESAC – What Does It Mean For Broadcasters?

Delivered... David Oxenford | Scene | Mon 15 Oct 2012 11:41 pm

Last week, the Radio Music License Committee (“RMLC” – see our article about the RMLC), filed a complaint in US District Court for the Southern District of New York against SESAC, arguing that SESAC is a monopoly and should be treated like ASCAP and BMI.  RMLC is asking that SESAC be subject to an antitrust consent decree as are these two bigger collection societies. As we have written before, SESAC is not a non-profit organization like ASCAP and BMI, and is not subject to consent decrees like these other performing rights organizations (“PROs”). Instead, it is a private company, owned by venture funds which, up to now, has set its own prices for licenses subject only to negotiations with the rights holders. So what is this suit all about, and will broadcasters see any changes in SESAC licensing in the short-term? 

RMLC claims that SESAC, by effectively being the only way to license the public performance of compositions by thousands of different composers, effectively can get monopoly prices. Practically speaking, radio stations cannot individually license all the songs written by SESAC performers and, even if the stations were able to directly license some of the music from SESAC writers, SESAC still would not reduce their fees.  All SESAC licenses are blanket licenses that give stations the right to use all the music in the SESAC catalog, but are not reduced by any pro rata amount should any music be directly licensed. Thus, argues RMLC, stations cannot try to reduce their licensing liability through direct licenses with songwriters even if such deals could be negotiated.

A second concern claimed by RMLC is that it is effectively impossible to avoid a SESAC license. According to the complaint, SESAC does not make available a complete and accurate inventory of all of its music so that a user can try to weed all SESAC music out of its playlist to avoid paying its fees. In addition, there are claims that SESAC licenses music that it is impossible for stations to avoid playing – like music in commercials (music in McDonald’s commercials was given as an example). Given that stations can’t reasonably avoid all SESAC music, they cannot avoid having to deal with its licensing demands (or face the potential statutory liability of up to $150,000 for each violation, i.e. each musical selection they play without a license).

The RMLC action is not the first time that an antitrust law suit has been filed against SESAC. Very similar allegations have been raised by several television companies and documented on the website of the Television Music Licensing Committee. These issues were raised in an antitrust complaint filed in 2010. While a Judge denied SESAC’s motion to dismiss the complaint in 2011, there still is much litigation to go on that law suit. So, with the TV case still not even having gone to trial despite a two and a half year head start, don’t expect a fast resolution to the claims made in the RMLC proceeding. But stations should monitor this action and any updates on its status from the RMLC, as this proceeding may well have an impact on station’s licensing obligations in the future.

24|11|12: EVO & RST

Delivered... sharnita | Scene | Mon 15 Oct 2012 10:51 pm

From the world famous Ministry of Sound, to the secluded celebrity-clad beaches of St Barths... 
From intimate 150 VIP parties in the City of Angels, to elaborate festivals with thousands... Playing with the greats namely Sanchez and Morillo and spinning at super exclusive after parties with high-profile guests including Jay Z & Beyonce...

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24|11|12: CUT LA ROC

Delivered... sharnita | Scene | Mon 15 Oct 2012 10:37 pm

Cut La Roc remembers the look on his mum's face when he bought his first Technics. "She was horrified! 'You paid two hundred pounds for a record player?!' And that was before she found I needed two!" Well, Mrs La Roc, rest easy. Your son did the right thing. As if there was a choice. La Roc - real name Lee Potter - was already hooked by then.

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Delivered... sharnita | Scene | Mon 15 Oct 2012 10:27 pm

Sebastian Beresford AKA B.I.D, drummer for Leftfield. This groundbreaking dance act pretty much changed the face of the electronic music genre, paving the way for the likes of Prodigy, Underworld and Orbital. They stormed the early 90s with critically acclaimed albums and headline grabbing live performances...known to reach levels of noise that bordered on illegal. This however is his own project as he takes songs and remixes them live with the help of loops and samples being triggered as he plays.

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Delivered... sharnita | Scene | Mon 15 Oct 2012 10:14 pm

Ground breaking Percussionist and DJ, Sudha, an integral member of electronic band Faithless for the last 11 years.

Sudha has enjoyed huge global success as part of Faithless, touring the world numerous times. Her unquestionable skills as a musician have also seen her featured as Percussionist on records and tours with huge mainstream artists including Dido, Kylie and The Spice Girls. Alongside this Sudha still maintains a credible underground status as one of clubland’s first ever Percussionists, holding down residencies at legendary clubs like Cream and The Hacienda.

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Starkillers and Alex Niggemann take over Beatport Live this week

Delivered... Ken Taylor | Scene | Mon 15 Oct 2012 10:00 pm
As usual, Beatport Live is on a roll this week, starting on Wednesday when we welcome Alex Niggemann to our Berlin office for two-hour set, which kicks off at 10 AM MDT/6 PM CET. Friday sees the arrival of Starkillers to the Denver studio, and he'll get started at 3 PM MDT/10 PM GMT.

24|11|12: DR.LOVE

Delivered... sharnita | Scene | Mon 15 Oct 2012 9:47 pm

Dr. Love, is an old skool DJ and MC, who has risen up through the ranks with style and grace. His vast knowledge of the scene and music has got this guy ultimate respect and residencies all over the Midlands.

Having gained respect for his quick mixes & ability to really get a crowd going & this has earned him residencies at some of the midlands most credible nights including : IF Afterparty... Everybody Loves, B1 Afterparty, The Sunday Club, What woud jesus do, Fuel, Dirtyjack and Smile.

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24|11|12: ONEFOUR

Delivered... sharnita | Scene | Mon 15 Oct 2012 9:45 pm

Onefour, connoisseur of House of the deep flavour & funky variety, superlative DJ, prolific music remixer extraordinaire, he has long been heralded by peers as one of the most naturally gifted & underrated spin doctors to emerge from this rainbow nation.

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News : Q&A: Blouse Are Ready For Iceland Airwaves

Delivered... info@filtermmm.com | Scene | Mon 15 Oct 2012 9:41 pm
Q&A: Blouse Are Ready For Iceland Airwaves

Portland based band, Blouse are one of two lucky US bands who won this year's Reyka Vodka Breakthrough at Iceland Airwaves contest.  We caught up with them to ask a few questions on what they hope to experience later this month in Reykjavik, Iceland. 

1.What was your reaction to finding out you had won Reyka's Breakthrough at Iceland Airwaves contest?
Pure Joy.

2.  Have you ever travelled to Iceland before?  If not, what do you think it will be like?
No, none of us have been. I think it will be like this: https://vimeo.com/9553745

3.  What are you most looking forward to about performing on the Iceland Airwaves stage?
We just heard that our official show will be at a German bar. I think it’ll be surreal playing to a crowd of Icelandic people at a German bar.

4.  What are you most looking forward to doing in Iceland?
Submerging myself in the Blue Lagoon.

5.  Other than your gear, name 3 "must pack" items you plan on bringing to Iceland.
A fur coat, Chinese herbs, and orange lipstick.

6.  What have you found to be the best way to keep warm when it's freezing outside?
Wearing cashmere socks.

7.  What's the strangest food you've ever eaten?
Some ambiguous little bowls of things in Japan. I can’t say I knew what they were.

8.  Are any Icelandic bands currently on your iPod?
Yes! Sigur Rós. I think we’re all looking forward to hearing more Icelandic bands at this festival.

Listen: "Time Travel"

23|11|12: SAM REDMORE

Delivered... sharnita | Scene | Mon 15 Oct 2012 9:30 pm

Resident DJ for the last four years with Leftfoot, one of Birmingham's most respected club nights, Sam Redmore has shared the stage with musical luminaries including Roy Ayers, DJ Cash Money, Norman Jay, Youngblood Brass Band, Odyssey, Breakestra, Crazy P and many more. His DJ sets incorporate anything from soul, hip hop, reggae, funk and disco through to afrobeat, batucada, cumbia, salsa, broken beat and house, and he has received support for his production work over the last year or so from the likes of Gilles Peterson, Craig Charles, Quantic and Lauren Laverne.

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Listen to Paul Banks – Banks (full album stream)

Delivered... Spacelab - Independent Music and Media | Scene | Mon 15 Oct 2012 9:30 pm
Paul Banks from Interpol is releasing a new album called Banks next week on Matador Records, you have a chance to stream it all week.

Watch The Black Keys – Girl Is On My Mind at the 2012 Austin City Limits Festival (video)

Delivered... Spacelab - Independent Music and Media | Scene | Mon 15 Oct 2012 9:30 pm
They rocked over the weekend, check em' out in Austin.

Watch The Black Keys – Girl Is On My Mind at the 2012 Austin City Limits Festival (video)

Delivered... Spacelab - Independent Music and Media | Scene | Mon 15 Oct 2012 9:30 pm
They rocked over the weekend, check em' out in Austin.

Watch The xx – “Chained” (video)

Delivered... Spacelab - Independent Music and Media | Scene | Mon 15 Oct 2012 9:30 pm
The new video from The xx for the song 'Chained,' off of their album Coexist. Their video was done by the highly innovative Creators Project and directed by Young Replicant. Watch the video.

23|11|12: AMEET GAUHER

Delivered... sharnita | Scene | Mon 15 Oct 2012 9:02 pm

Ameet Gauher a British Asian artist has been collaborating the Indiginious Austrailian sounds of the didjeridu with Indian with both  Eastern and Western music over the last decade. Using the art of circular breathing he takes you on a journey of rhytms, beats and a sound that makes you feel the power of the music.

He will accompanying vocalist Nona Kalra at the Eastern Electronic festival on 23rd November 2012.



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