2010 – LONDON (Reuters) – British rock band Pink Floyd won its court battle with EMI on Thursday with a ruling that prevents the record company from selling single downloads on the Internet from the group’s concept albums.
The outcome of a dispute over the level of royalties the band received remained unclear, however, as that part of the judgment was held in secret, the Press Association reported. A source close to the band said those talks were “ongoing.”
Lawyers said it was the first time a royalties dispute between artists and their record companies had been held in private, after EMI successfully applied for a news blackout for reasons of “commercial confidentiality.”
The ruling at London’s High Court is the latest blow to EMI, the smallest of the four major record companies, which is seeking new funds to avoid breaching debt covenants.
EMI sought to play down the court’s decision.
“The litigation has been running for well over a year and most of its points have already been settled,” the company said in a statement.
“This week’s court hearing was around the interpretation of two contractual points, both linked to the digital sale of Pink Floyd’s music. There are further arguments to be heard and the case will go on for some time.”
EMI’s owner Terra Firma is also embroiled in a legal dispute with Citigroup over advice and financing the U.S. bank provided to enable it to buy EMI in 2007.
Several top acts, including Pink Floyd and Queen, are reportedly in talks with other labels, following the exodus of the Rolling Stones and Radiohead since Terra Firma took over.
But EMI added in its statement: “We’re huge fans of Pink Floyd whose great catalog we have been representing for more than 40 years and continue to represent exclusively and internationally.”
Pink Floyd’s back catalog at EMI has been outsold only by that of the Beatles.
The band, whose albums include “The Dark Side of the Moon” and “The Wall,” went to court to challenge EMI’s right to “unbundle” their records and sell individual tracks online.
Judge Andrew Morritt accepted arguments by the group that EMI was bound by a contract forbidding it from selling records other than as complete albums without written consent.
The judge said the purpose of a clause in the contract, drawn up more than a decade ago, was to “preserve the artistic integrity of the albums.”
Pink Floyd alleged that EMI had allowed online downloads from the albums and parts of tracks to be used as ringtones.
But Elizabeth Jones, representing EMI in court, countered that the word record “plainly applies to the physical thing — there is nothing to suggest it applies to online distribution.”
The judge ordered EMI to pay Pink Floyd’s costs in the case, estimated at 60,000 pounds ($90,000), and refused the company permission to appeal.
Pink Floyd’s influential and acclaimed body of work is a valuable commodity. Members Roger Waters, David Gilmour and Nick Mason all appeared on the 2009 Sunday Times Rich List with personal fortunes estimated at 85 million, 78 million and 50 million pounds respectively.
(Reporting by Mike Collett-White, editing by Paul Casciato and Mark Trevelyan)
2010 – Bret Michaels says he has nothin’ to apologize for about “Nothin’ to Lose,” his new song featuring Miley Cyrus. The song caused a bit of controversy with the teen pop queen singing about “slowly get undressed.” Now the 46 year-old Poison “rocker” defends the lyric in an interview with US Magazine: “the part where it says she slowly gets undressed, Miley says, ‘Yeah she does.’ It has no reference to her and I. It’s not even a duet… As God is my witness, there is nothing I have to be defensive about,” he says. “I’m a good Dad. I just thought it was a beautiful song. “
2010 – “The flu bug has infiltrated the Alice In Chains camp and bit down hard,” the band said in a statement. “In light of this unforeseen situation, {Tuesday]’s show in Charlotte [was] postponed. Alice In Chains would like to sincerely apologize to all of their fans in Charlotte, particularly those that waited out in the snow. The show is rescheduled for April 20 at the Uptown Amphitheatre at the Music Factory, so if you have tickets, hold on to them. They will be honored. This means the Norfolk show at the Norva is no longer happening.”
2010 – Dream Theater drummer Mike Portnoy is a fan of music. The man actively listens to, writes about, discusses, and tours with his favorite artists — both new and old, so when asked to shuffle through his iPod with Noisecreep, we waited with bated breath to see what would come up on his playlist.
“Along with the TiVo, the iPod is the greatest invention of the 21st century,” Portnoy tells Noisecreep. “I remember a time not too long ago that when I’d leave to go on tour, I’d have to pack giant CD folders with 100s of CDs to keep me company on the road … but now I can have my entire library at my fingertips!”
So what’s in his library?
As Portnoy explains, “My latest iPod is filled with everything from Abba to Accept, Bee Gees to Black Flag,” but as Noisecreep discovers, it’s peppered with Anthrax, Wilco, Megadeth, Clutch, Jethro Tull, Steve Vai, Dredg, Scorpions, Planet X and much more.
Here’s some excerpts: Beardfish — ‘South of the Border’
“My favorite prog band to emerge in many years. This Swedish band sound like they are straight out of 1973! And this tune is them at their most Zappa-esque.”
TNT — ‘Northern Lights’
“OK … ’80s hair metal … sorry! Strong high clean vocals (James LaBrie was surely a Tony Harnell fan) and great shredding guitar. But yes, it does sound a bit dated in the middle of this shuffle.”
Oceansize — ‘One Day All This Can Be Yours’
“Awesome band from the U.K. that are probably the best thing out there in the alternative-prog vein of Porcupine Tree. Kinda like if Radiohead were into odd time signatures.”
Neal Morse — ‘Entrance’
“S—, I was afraid this would happen. I hate when stuff I played on pops up on shuffle. Well luckily, I cannot get enough of Neal’s music. Regardless of having recorded nine studio albums together (three with Transatlantic, five Neal solo albums and one covers CD), Neal is hands down one of my favorite song writers of all time. Absolutely one of my ‘desert island’ artists, and hearing this amazing song again just totally pumped me up.”
Lynyrd Skynyrd — ‘Free Bird’
“A cliché? perhaps. Played out? I suppose. One of the greatest rock ‘n’ roll songs/anthems ever written? Absolutely!
It doesn’t matter how many thousands of times I’ve heard this, when it comes up in a shuffle, I never skip it!”
Anthrax — ‘Burst’
“This is from the first album of the ’90s Bush era. (That sounds so political — should I say the Bush Administration?) I love everything Anthrax have ever done, and I go way back to the beginning with them as I’ve been listening to them since the days of seeing them play at L’amour in Brooklyn back in 1984. They are all good friends of mine and I know they still have some kick ass albums in them. Can’t wait!”
Read Portnoy’s whole list here, and give us YOUR 5 iPod songs. Hit shuffle and let us know what you’re listening to!
2010 – At a Ozzy Osbourne book signing at a Florida Barnes & Noble turned dramatic when the bomb squad was called in, due to a fan with some marijuana and homemade fireworks.
2010 – Dave Mustaine says police were called to the set of a video shoot because Megadeth were using a tank in their promo film.
Checking in via his Live Line service, where he leaves phone messages for fans who can listen in, he explains that officers arrived to investigate the situation as the band worked with the war machine.
Mustaine says: “We’re on location making the video for Right to go Insane. We’ve got an M68a tank. The cops are here – it can get pretty hairy with this video shoot.
“I don’t know what’s going to happen from this point, but we’re excited. It’s a great day to be alive. God bless!”
Megadeth are about to kick off a tour marking the 20th anniversary of landmark album Rust In Peace. Original bassist David Ellefson made a surprise return to the band in time to record a “secret project” which Mustaine says will “be in every metal fan’s hands later in the the year.”
The band will also hit a number of Sonisphere festival stages in Europe alongside the other members of the thrash Big Four: Metallica, Slayer and Anthrax.
2010 – Pete Wentz appointed spokesperson for UNICEF
Fall Out Boy bassist Pete Wentz has been appointed as a spokesperson for UNICEF to raise awareness about the importance of providing clean drinking water for children around the world.
“Water is something that we as Americans often take for granted,” says Wentzy. “The reality is, the lack of clean and accessible drinking water kills 4,100 children under the age of five every day and as a new father I have become highly attuned to the needs of children everywhere. Unfortunately, it’s usually when emergencies like Haiti occur, that the importance of clean water really becomes apparent to the rest of us.”
2010 – Faith No More’s Frontman, Mike Patton, exposes himself on Camera…
Photo by: Carlie Bryce
A photo of FAITH NO MORE frontman Mike Patton exposing himself for the camera during the band’s February 20, 2010 concert in Brisbane, Australia as part of the Soundwave Festival can be found at Dlisted.com. (Warning: Intended for mature audiences only.) The incident apparently occured halfway through FAITH NO MORE’s performance of the song “Just a Man” after the singer made his way towards an onstage cameraman and took over the camera, using it to tape the audience. He then pulled out his manhood, and showed it to the camera before the song’s close.
Video footage of the incident can be viewed below.
FAITH NO MORE will play three shows in the band’s hometown of San Francisco in early April at the Warfield Theatre. The concerts will serve as a warm-up for the band’s appearance the following weekend at the Coachella Valley Music & Arts Festival in Indio, California.
FAITH NO MORE reunited last year and has played European shows, but has yet to announce a full North American trek.
FAITH NO MORE kicked off its reunion tour on June 10, 2009 with a headlining performance at the Brixton Academy in London, England.
Original guitarist Jim Martin is not part of the reunion. Performing in his place is Jon Hudson, who played with FAITH NO MORE during the latter stages of its initial run after Martin departed.
The rest of the band’s best-known lineup — singer Mike Patton, Gould, drummer Mike “Puffy” Bordin and keyboardist Roddy Bottum — is intact.
FAITH NO MORE released “The Very Best Definitive Ultimate Greatest Hits Collection” in June 2009 in the U.K. via Rhino Records.
This double disc set contains the band’s greatest hits on the first CD, while the second CD features b-sides and rarities.
2010 – VINCE NEIL Performs At Las Vegas’ Feelgoods Bar; Video Available - Feb. 26, 2010
Video footage of MÖTLEY CRÜE frontman Vince Neil and his solo band performing the CRÜE classic “Don’t Go Away Mad (Just Go Away)” at the Las Vegas location of Vince’s bar and grill, Feelgoods, on February 6, 2010 can be viewed below.
“Tattoos And Tequila”, the title track of Vince Neil’s forthcoming solo album, and the accompanying video are available for free download at www.vinceneil.net.
“Tattoos And Tequila” is expected to be released in early May. The CD was recorded with bassist Dana Strum and Jeff Blando (both of SLAUGHTER) and drummer Zoltan Chaney. At least two cover tracks were reportedly laid down during the sessions — CREEDENCE CLEARWATER REVIVAL’s “Who’ll Stop The Rain?” and SEX PISTOLS‘ “No Feelings”.
In a recent interview with The News Tribune, Vince stated about the upcoming CD’s title, “It’s rock ‘n’ roll. That’s it. It has nothing to do with MÖTLEY CRÜE. Tattoos and tequila is basically my life.”
Vince told Robin Leach of the Las Vegas Sun last week that his voice is in great shape as he approaches his 50th birthday, and although the CRÜE is not touring again until early summer, he will be on the road with his solo band until then.
According to the Las Vegas Review-Journal, Neil is also writing a book akin to MÖTLEY’s autobiography, “The Dirt”, with Esquire writer Mike Sager.
2010 – Ozzy Going Forward With Battle Over Black Sabbath (HeadbangerNYC.com) A Manhattan federal judge ruled Thursday (February 25) that Ozzy Osbourne can proceed with his lawsuit against guitarist Tony Iommi over use of the Black Sabbath name.
Ozzy filed a lawsuit against Iommi in May 2009, claiming that Iommi illegally took sole ownership of the band’s name in a filing with the U.S. Patent and Trademark Office.
Osbourne is suing Iommi for a 50 percent interest in the “Black Sabbath” trademark, along with a portion of Iommi’s profits from use of the name. The Manhattan federal court suit also charges that Osbourne’s “signature lead vocals” are largely responsible for the band’s “extraordinary success,” noting that its popularity plummeted during his absence from 1980 through 1996. [They seemed to do pretty well with Dio and continue to do so with him fronting Heaven and Hell]
2010 – iTunes Store Tops 10 Billion Songs Sold.
iTunes does it again. Pretty impressive… and Johnny Cash earns yet another footnote in Music History.
CUPERTINO, California—February 25, 2010—Apple® today announced that music fans have purchased and downloaded over 10 billion songs from the iTunes® Store (www.itunes.com), the world’s most popular online music, TV and movie store. The 10 billionth song, “Guess Things Happen That Way” by Johnny Cash, was purchased by Louie Sulcer of Woodstock, Georgia. As the winner of the iTunes Countdown to 10 Billion Songs, Louie will receive a $10,000 iTunes Gift Card. iTunes is the number one music retailer in the world and features the world’s largest music catalog with over 12 million songs.
“We’re grateful to all of our customers for helping us reach this amazing milestone,” said Eddy Cue, Apple’s vice president of Internet Services. “We’re proud that iTunes has become the number one music retailer in the world, and selling 10 billion songs is truly staggering.”
The iTunes Store has a catalog of over 12 million songs, over 55,000 TV episodes and over 8,500 movies including over 2,500 in stunning high definition video. With Apple’s legendary ease of use, pioneering features such as iTunes Movie Rentals, integrated podcasting support, the ability to turn previously purchased tracks into complete albums at a reduced price, and seamless integration with iPod® and iPhone®, the iTunes Store is the best way for Mac® and PC users to legally discover, purchase and download music and video online.
Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the mobile phone market with its revolutionary iPhone.
2010 – Legendary BLACK SABBATH singer Ozzy Osbourne was interviewed on last night’s (Wednesday, February 24) edition of Fox News‘ “Red Eye” show with host Greg Gutfeld. You can now watch his appearance in three parts below.
“Red Eye” is a late-night/early-morning talk show on the Fox News channel. Airing at 3:00 a.m. EST on weekdays with repeats on weekends at 12:00 a.m. EST, the show covers a variety of topics, including news, entertainment, sports, and gossip. It is hosted by former Maxim U.K. editor Greg Gutfeld.
Osbourne doesn’t think he’s likely to play with BLACK SABBATH again since he and wife/manager Sharon Osbourne are involved in a lawsuit against guitarist Tony Iommi over the rights to the band’s name. But Ozzy also told Rolling Stone that anything could happen, explaining, “I’m not gonna say I’ve written it out forever. But right now I don’t think there is any chance. But who knows what the future holds for me? If it’s my destiny, fine.”
The original SABBATH lineup of Ozzy, Iommi, bassist Geezer Butler and drummer Bill Ward has not toured together since the summer of 2005, and last convened for their induction into the Rock and Roll Hall of Fame in early 2006.
The group did try to record a new album 10 years ago, their first since 1978, but abandoned the attempt after just a couple of songs. Ozzy said, “I tried and I couldn’t do it . . . I’ve been away from SABBATH thirty-odd years. I was only with them for 10 years. I had girlfriends when I was younger and I would go ‘Oh, I would really like to go back with Shirley,’ and then you do and you go to yourself, ‘What the fuck was I thinking?’ You’re never the same, you know.”
Since 2007, Iommi and Butler have toured and recorded with latter-day SABBATH singer Ronnie James Dio and drummer Vinny Appice under the name HEAVEN & HELL, while Ozzy has been working on a new solo record.
When asked about Dio recently being diagnosed with and treated for stomach cancer, Ozzy said, “I’m sorry to hear about Ronnie having cancer. It must be really fucking scary for the poor boy.”
Ozzy’s first memoir, “I Am Ozzy”, was published on January 25, with the singer launching a book-signing tour that same day. The book chronicles the metal icon’s life from his working-class beginnings in Birmingham, England to his initial fame with SABBATH to his massive solo career and forays into television.
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