Eminem Takes NZ Political Party to Court

There was a time when Eminem filled stadiums and arenas around the globe with his incendiary style of hip-hop. This week, the self-styled “Rap God” lit it up in a New Zealand courtroom.

The Oscar and Grammy-winning rapper’s 2002 hit “Lose Yourself” was dropped in a trial targeting NZ’s conservative National Party which, it is alleged, ripped off the song for an election campaign.

Eminem’s Detroit-based music publishers Eight Mile Style launched litigation when the National Party rolled out its Eminem Esque ad to add muscle to its 2014 election campaign (which the party won).

The political party has previously claimed it legally acquired rights to the track, which like the “8 Mile” original opens with a tense guitar lick and pushes forward with a sense of urgency.

After the lawsuit was filed, campaign manager Steven Joyce offered a unique defense of his party’s use of the song as “pretty legal”, and that Eminem’s team “are just having a crack and a bit of an eye for the main chance because it’s an election campaign”. Eminem’s reps didn’t see it that way and U.S.-based British political commentator John Oliver took Joyce to task for his dubious word flow: “Pretty legal? That’s not a concept that exists. That’s like being sort-of dead,” Oliver quipped back in 2014.

Speaking in court this week, Garry Williams, lawyer for Eight Mile Style, quoted from National Party emails including one in which the updated track was described as an Eminem “sound-alike” and another in which an agent for the party wrote: “I guess the question we’re asking, if everyone thinks it’s Eminem, and it’s listed as — Eminem Esque, how can we be confident that Eminem doesn’t say we’re ripping him off,” the Associated Press reports.

And did the judge and nine jurors wave their hands in the air when “Lose Yourself” was played in Wellington’s High Court. Hardly. Footage snapped inside the courtroom shows them all listening politely to the famous hype-up tune.

The result of the NZ court case will be closely watched by the international music biz. Led Zeppelin last year defeated a lawsuit that accused the legendary rockers of stealing the opening riff in “Stairway to Heaven” from a song by the psychedelic rock outfit Spirit. And in 2015, a judge ruled against Pharrell Williams and Robin Thicke, finding their track “Blurred Lines” infringed on Marvin Gaye’s 1977 hit “Got to Give It Up.” The judge in that case awarded US$5.3 million in damages plus 50 percent of the song’s future royalties to Gaye’s heirs, though the case has since been appealed. Tom Waits has won several “soundalike” legal battles, including a $2.5 million case against Frito-Lay in the United States for using his vocal style in an ad for Salsa Rio Doritos chips.

Australia’s New Generation of Global Stars

This article originally appeared at the official Music Australia Website

“You Aussies can have your sport, we’ll have the culture.” A bit of friendly banter between an English music executive and an Australian journalist in the early noughties over a pint at the Brixton Academy, the south London citadel for bands who’ve made it. A throwaway line, with perhaps a nugget of truth. The English hadn’t done much in sport to that point, not since that famous final across town in the 1966 World Cup. Likewise, the Australians could rely on a few music heavyweights in their corner — Kylie Minogue, Nick Cave and AC/DC (when they’re in cycle) — though the conveyor belt never delivered the goods in predictable fashion.

There was the odd international hit (Madison Avenue, Josh Abrahams), the shooting star (Avalanches), and the tease of an “Aussie Wave” (the Vines and Jet, then later Gabriella Cilmi, Wolfmother, Pendulum and Sam Sparro).

And then something odd happened. The Brits started beating us in sport, all too regularly. And Australia’s musicians were seemingly landing a few blows of their own, more regularly and from new voices.

If Gotye and his monster hit from 2011 “Somebody that I Used to Know” was indeed “ground zero” for Australia’s so-called “golden generation,” a cadre that included Sia, Vance Joy, Tame Impala, Flume, Iggy Azalea, Alison Wonderland and others, the ripple-effect hasn’t weakened. Gotye is no longer hot news, though the spotlight on new Australian acts has arguably intensified.

So what’s changed? Technology has changed. Perceptions have changed.

As Australia matures, its musical export are reshaping stereotypes of a sunburnt country where sweaty bands once played rock ‘n’ roll in pubs carpeted with sawdust.  For an outsider looking in on today’s crop, Australia doesn’t represent a cohesive scene. There’s something for every taste, from EDM to country. From Courtney Barnett, with her raw indie rock energy which earned a Grammy nomination for best newcomer (she lost out to Meghan Trainor) to Hiatus Kaiyote, the future-soul group which can boast Prince as a fan and a recent Grammy nomination.  Tame Impala’s story keeps building. Kevin Parker’s psychedelic-rock outfit did in February 2016 what few Australians have managed by winning a Brit Award for best international act (beating U2 in the process). Tame Impala’s third album “Currents” peaked at No. 3 in the U.K. and No. 4 in the U.S. and became the first No. 1 on the U.K.’s prog albums chart when it launched in April 2015.
As Australia matures, its musical export are reshaping stereotypes of a sunburnt country

Pop-punk gang 5 Seconds of Summer joined some lofty company when their sophomore set Sounds Good Feels Good vaulted straight to No. 1 in the U.K., U.S. and Australian album charts in 2015, becoming just the third Aussie act in history behind Men At Work and AC/DC to have simultaneous No.1 albums in those three markets. They also became the only band — not vocal group — to see its first two full-length studio albums debut at No. 1 on the Billboard 200 chart.

Electronic-pop boy-wonder Troye Sivan made the leap from YouTube star to big-league recording artist/producer, delivering top 5s on the Billboard 200 chart with “TRXYE” and “Wild” and earning adoring praise from Taylor Swift and Sam Smith (“Wild” also peaked at No. 5 in the U.K. in 2015). Meg Mac signed a co-publishing arrangement with BMG and Pulse Music Publishing in early 2016, while Tonight Alive’s “Limitless” and Matt Corby’s “Telluric” are impacting in the U.K. In an offbeat success story, Empire of the Sun’s “Walking on a Dream” finally cracked the Billboard Hot 100 in January some eight years after its release, thanks to the power of a TV U.S. commercial.  The 2008 release also reigned atop Billboard + Clio Music’s Top Commercials chart thanks to Honda’s use of the Australian electro-pop song.

The Australian accent, once deemed so harsh the distributors of “Max Max: The Road Warrior” dubbed the classic film for American audiences, became accepted in the U.S. as Australian actors swept into Hollywood. Apparently the accent is mellowing just fine with European audiences. The European Broadcasting Union and Swedish broadcaster SVT has welcomed Australia back to participate in the 2016 Eurovision Song Contest, with reality TV star Dami heading to Stockholm in May as the nation’s rep.

The twang, notes Henry Rollins, is working to Australians’ favour. The American punk-rock hardman and radio DJ is an Australian music enthusiast with a borderline obsession which can be traced-back to the Saints’ trailblazing 1977 recording“(I’m) Stranded”. “There’s myriad reasons why music is so good from Australia,” explains Rollins. “It has a lot to do with geography and being left alone. But also the way you sing and speak makes it interesting. If you have sympathetic productions, the Australian twang and accent does a beautiful thing with the English language. If you put that to rock ‘n’ roll, with fast-paced, slow-paced, single guitar and singing, it is so beautiful and it works so well it just melts over the notes in a natural unforced way. With the Australian lilt of the language of English put to any instrument, it just wins.” Rollins’ obsession extends to such acts as Blank Realm, Jonny Telafone and Eddie Current Suppression Ring.

Barnett might just possess the winning formula Rollins speaks of. The singer and songwriter has made the leap from Melbourne pubs to major international festivals and the upper tiers of sales charts with “Sometimes I Sit and Think, and Sometimes I Just Sit” (which reached No. 16 in the U.K. and No. 20 in the U.S.) With a knack for storytelling, always delivered in her own
accent, Britain’s “Independent” newspaper, like others, has described Barnett as “Australia’s answer to Bob Dylan.” Barnett, whose debut album has won major domestic honors the J Award and Australian Music Prize and a swathe of ARIA and AIR Awards, admits technology has made the leap “a little easier” for acts who in days past rolled the dice and relocated abroad. “There’s always been good music, but the Internet has made it easier to be heard.” Barnett’s route into the U.S. began with a stint at CMJ and a few appearances on late night TV which “nudge you into another realm”. There’s been no magic marketing campaign. “We just keep doing what we’re doing and people come. Maybe it’s been word of mouth,” she says in a laconic style which breathes across her songs.

“There’s no doubt that the Internet has lowered the barriers to entry. Songs can cross borders instantaneously now. You no longer need access to big promotion budgets and suchlike to get things started,” notes John Watson, the Sydney-based president of Eleven: A Music Company and John Watson Management. Watson has guided the careers of Silverchair, Missy Higgins, Cold Chisel and Gotye among others. “That’s why you see great local talent like Courtney Barnett, Troye Sivan, Tame Impala and Chet Faker getting discovered internationally at much the same time as they’re establishing their careers back home. Once upon a time it would have taken several years for them to get heard overseas but now blogs and Soundcloud are exposing them to millions before they get their first mainstream radio airplay.” Cheap flights and price-competitive online travel services (Airbnb, Uber) are also softening the punishing cost of touring.

Watson has a message for acts wanting the big prize. Work hard, think smart and keep going. “If you look at the history of Australian music you can see that the artists who made serious international forays tended to make better music for longer than those artists who settled for being big frogs in a small puddle and typically became a bit complacent.” Great artists will somehow always find ways to form deeper and more enduring connections, he adds. The challenge now is “not so much getting attention as sustaining attention.”

The impact of Australia’s music exports is measurable.  For the year 2014-15, APRA AMCOS reported a 26% year-on-year revenue increase to $34 million for the performance of Australian works overseas.  Double digit growth is again forecast for the 2015-16 reporting period.  The likes of Barnett, Sia, Tame Impala, 5SOS and Sivan have “in no small way” contributed to the total, notes Head of Member Services Dean Ormston.

The dearth of cold, hard empirical data on Australian artist’s economic contribution should be addressed in a major Australian Research Council (ARC) Linkage project, which will ascertain the value of Australia’s net export against GDP.  The three-year study began in recent months with a research team including Sounds Australia, the Australia Council for the Arts, and Newcastle and Monash Universities. It’s also understood AIR is poised to launch a research project with Deloitte that may offer additional insight.

As tastes have evolved and technology forced every industry to adapt (or die), the disruption has arguably created opportunities, particularly so for alternative English-language repertoire
sources like Australia.

“The potential pool of buyers has considerably broadened. And there’s more interest today in North America to what is happening in Australia,” notes Larry LeBlanc, the award-winning Canadian music industry journalist who pens the “In The Hot Seat” column for “Celebrity Access”. “But that interest is part of a bigger picture in which there’s more general interest in acts from abroad that might fit the North American touring and radio landscape.”

The Australians have a reputation for getting out there. LeBlanc notes the presence of Australia’s music export office and the tireless work of Sounds Australia’s Millie Millgate “draws a strong applause with North Americans for providing a bigger picture of Australian acts.” LeBlanc also cites the work of such promoters Michael Chugg, and Michael Gudinski and artist managers John Watson, Bill Cullen, Catherine Haridy, and Craig Lock as being “instrumental in holding up the banner of Australian music to those outside the country.” Among those artists from Australia now being tracked by North American music industry executives,  says LeBlanc, are Megan Washington, Avalanche City, the Rubens, Lime Cordiale, Gypsy and the Cats, the Griswolds and Dan Sultan.

Australia’s strong showing comes at a time when the powerbase of the music business has gone global in scope. “Go-to songwriter Max Martin is from Sweden, Adele rules the world from her home in England and the EDM movement has opened up opportunities for artists from many corners of the globe,” notes L.A.-based music business consultant Geoff Mayfield, formerly VP of business analysis and market research for Universal Music Group and director of charts/senior analyst at Billboard. “You have to wonder if we owe some of this globalization to the fact that of the three remaining majors, the largest one is now run by a Brit and another is owned by a Russian. Back when we still had four, only the smallest of them was run by someone who wasn’t American.”

Mayfield has the last word. “I don’t know that we’re at a point where being Australian represents an A&R advantage, but by the same token, Five Seconds’ avid fan base and the inescapable hit of Gotye proves that a Down Under passport doesn’t limit an artist’s potential.”

Australia’s ‘Golden Generation’ of Musicians: 12 Months Of Highlights

Published by The Music Council of Australia

Golden generation. It’s an expression typically associated with, and overused by, sports fans. For the first time in more than a decade, the cliché has been thrust upon Australia’s current crop of elite musicians. Lars Brandle takes a wide-angle look at the last, big 12 months for Australian music.

5 Seconds of Summer, Iggy Azalea, Flume, Sia, Vance Joy. All of them resounding success stories over the past year. All are Australian. None are alike.

Make no mistake, a wave of Aussie artists are scoring abroad right now, with this famous five in the leading pack. And they’re filling their boots across the key metrics – record and ticket sales, streams and online chatter.

We’ve been here before, but what’s different is this class of Aussies isn’t built on rock. This time its pop-punk, rap, electronic, folk, it’s songwriting, bad-boy haircuts, and in the unique case of the veteran Sia, a desire to shun the spotlight (a move that’s having the opposite effect).

Australia’s music scene has rarely been lacking in talent, though in a good year no more than a small handful of homegrown acts typically get a shot at global success. Many of those who did enjoy a break have been too niche for the mainstream (the Saints, the Go-Betweens) or novelty (remember Joe Dulce’s “Shaddap You Face”?), some haven’t followed up on their early promise (Wolfmother) and others quit while they were ahead (Savage Garden).

This new crop is producing some staggering numbers.

The acronym 5SOS will have most folks over the age of 24 scratching their heads. Many teens, mostly girls, can’t help but scream the name. The Sydney four piece are arguable the hottest pop group on the planet right now, thanks in part to the power of YouTube, a mutually-beneficial tour with One Direction, and good hair. The group’s self-titled debut full-length album opened at No. 1 on the Billboard 200 in late July, following the No. 2-peaking EP “She Looks So Perfect”. The EP reached No. 1 in the U.K., a first for an Australian group since Madison Avenue’s “Don’t Call Me Baby” back in 2000. “5 Seconds of Summer” also topped the albums charts in the U.K. and Australia.

Iggy Azalea, who was raised in Mullumbimby in northern NSW but raps with an American twang, put up a chart feat which hasn’t been seen since “Beatlemania” swept the States. Through May and June, Iggy held down the top two spots on the Billboard Hot 100 with “Fancy” featuring Charli XCX and as a guest on Ariana Grande’s “Problem,” respectively. “Fancy” held the top spot for 8 weeks. During that stretch, she became the first artist to simultaneously hold the top two slots with their first two Hot 100 entries since the Beatles did so back in February 1964 with “I Want to Hold Your Hand” and “She Loves You.

Questlove, the multi-talented Roots performer and executive producer of the new U.S. music show SoundClashshared the love in a July interview published in Time.

“I don’t think it’s any mistake that four or five of my favourite singers are from Australia. Like between Hiatus Kaiyote, there’s a bunch I can name for you right now, but I don’t think it’s a mistake that a lot of my favourite artists are coming from Down Under.” He singled out praise for Sia Furler, and showed solidarity for the under-fire Iggy, whose “Fancy” he described as a “game-changer” for hip-hop.

Sia is no stranger to hit-making. She’s written smashes for the biggest names in pop music in 2013, including Jennifer Lopez, Beyonce, Rihanna and Katy Perry. In the U.S., she’s emerged as a bonafide star, even though the spotlight is her kryptonite. In May, she performed “Chandelier” on Ellen with her back to the audience. Two months later, she landed her first U.S. No. 1 with “1000 Forms of Fear,” her fourth studio album.

Vance Joy (real name James Keogh) scored a multi-album international deal with Atlantic Records in 2013. His hit “Riptide,” the top song on Triple J’s most recent Hottest 100 poll, cracked the top 10 in the U.K. in early 2014 and is opening doors for the Melbourne artist in the U.S. and Continental Europe. “Riptide” is now a worldwide million-seller. His debut album is on the way.

Flume’s story is just taking off. The electronic music wunderkind (otherwise known as Harley Streten) sold out three shows at New York City’s 3,000-capacity Terminal 5 in July, prompting one U.S.-based colleague to email this reporter “what is up with that guy Flume?” At just 22, Flume has emerged as one the brightest new names in clubland.

What lessons are there to learn from these winners? Well, each has toiled and without exception all the performers had a plan (and a solid support team of music biz personnel). Talent helps too. And luck has played its part. The role of Gotye shouldn’t be overlooked. Wally de Backer was the first pick of this so-called golden generation. When “Somebody That I Used To Know” rose to great heights in 2012, he took everyone by surprise. It was around that time, I received messages from colleagues and industry friends in the U.S. “Hey, this guy’s great. Who’s next?” was the gist of it (and yes, there was the obligatory “when did you guys get so good?” The natural response: “we’ve always been good, you just weren’t watching”). NYC-based Glassnote founder Daniel Glass called it the song of the year when he delivered a keynote at the 2013 Australian Music Prize ceremony in Sydney, Prince professed his love for the tune when he awarded Gotye the Grammy for Record Of The Year. The track stayed at No. 1 on the Billboard Hot 100 for eight weeks and it came in at No. 1 on the Billboard Hot 100 Year-End list for the year. The so-called “Gotye Effect” has rubbed off, but unfortunately it can’t be bottled.

For those with a stake in Australian music, a handful of dangling questions have been at least partially answered in recent months. Will Australian artists follow-up on the breakthrough work of Gotye? Could an Australian hip hop artist crack the U.S.? Is our talent pool big enough? The final of those three questions will have its answer proper in the months ahead. Angus & Julia Stone have a new album coming, as does Megan Washington. Courtney Barnett’s global fanbase is growing. Gang of Youths has a lot of early buzz. Michael Chugg’s discoveries the Griswolds, Lime Cordiale and Sheppard are all making noise in the U.S. Jessica Mauboy impressed with her stint at Eurovision, and she has a personal drive to crack Europe.  The pool runs deep.

“When Midnight Oil, Kylie and INXS were coming through, that was the closest to Australian music being capitalized on,” recalls Michael Gudinski, chairman of the legendary Australian independent music empire the Mushroom Group. “Tame Impala is primed. If another two or three artists break through then it’s fair to say the Australian invasion is on the way. It feels good to me.” Watch this space.

This article originally appeared in the Music Forum Journal.

The Hot Seat: Lindy Morrison, Go-Betweens

Published in The Music Network

Those drummer jokes guitarists love to tell. Well, they don’t apply to Lindy Morrison. Morrison is a whole lot more than just a time-keeper. She’s one of the Australian music industry’s great all-rounders – an artist, a teacher, an advocate. Morrison got her break as drummer with the critically-revered Brisbane band the Go-Betweens.

Her work can be heard on Cattle and Cane, selected by APRA in 2001 as one of the Top 30 Australian songs of all time. Lindy is the National Welfare Co-ordinator for Support Act Ltd, the benevolent society for musicians and workers in the music industry. She also teaches Music Business at Sydney Institute Ultimo, sits on the board of PPCA (representing recording artists) and in 2013 received an Order of Australia (OAM) medal, for services to the Australian music industry as a performer and an advocate.

You juggle so many roles. How do you describe yourself on that sheet of paper you hand to immigration?

I have no idea. I’m constantly amused by what occupation I have to put down when I’m filling out paperwork. I make a decision based on how I want them to treat me. The last time I was at a dentist, I wrote “social worker.” Because that’s how I wanted them to see me. If you want to be treated like you’re working in side-show alley, then put “musician”.

I’ve met many folks over the years who’ve been taught by yourself. What’s some of the best advice you give to music business students?

To understand how copyright works. To advocate on behalf of recording artists’ rights. And to take control of the contracts; you can understand the contract, you can understand the language in the contract. It’s not that hard. I love teaching music business and I love teaching copyright. I’ve the most extraordinary Powerpoint presentation on the history of copyright law which I’ve built up over ten years. That’s how obsessed I get. I went to the University of NSW a few years ago and got a Master’s in Legal Studies, and I really concentrated on the intellectual property subjects just so I could be more ‘conversent’ with people when it came to talking about copyright.

What drives you? You have an OAM. These things don’t just fall from trees.

What drove me to take an interest in the music business was when the Go-Betweens broke up in 1990, and I was completely unaware of how the royalty streams were operating, what contracts were in existence. And I slowly uncovered those contracts over the years and then began looking closely at accounting. Most labels will inadvertently make mistakes with accounting. People are often down on the majors, but for mine, it’s been the independents that I’ve had to really keep a track on, what licenses have occurred, whether or not the payments have been made, whether the deductions match up with the contract. By way of example, Beggars Banquet were taking a 25% deduction on packaging (with the Go-Betweens), before we got on top of it and realised the contract only said 20%. These little things add up. Particularly when the Beggars contract is 90% of a 100% anyway. To this day that figure is because of vinyl breakage.

What is your role with Support Act?

I have a social work degree, and I work part-time with them as a social worker. We provide grants to people who work in the industry, not just musicians but roadies and others, who become ill or fall on hard times. We pay bills, up to a certain amount of money each year. My job is to help people with their applications, to advocate on their behalf with other agencies, to help them decide which is the best way to spend their grant, then keep in contact with them during the time they get their grant from us.

One of my favourite jobs is working down at the Bondi Beach at the community center. There’s an intellectually disabled band I’ve worked with for many years, called the Junction House Band. They write and record all their own material, and have done for 20 years. I can do all this because I love the music industry. I’m not one of these people who bag it. The great thing about the music industry is that it attracts so many people who live on the margins. So many people couldn’t exist outside our industry and they’ve managed to have successful careers, or just made a living.

You’re on the board of the PPCA. We’ve seen an escalation in the simulcast situation with close to 200 stations pulling regional simulcasts.

It’s a shame they did that. I think they misunderstand the issue. Basically the full Federal Court and the High Court have said a simulcast in not a broadcast. A broadcast is a specific technology, a simulcast can reach a much wider audience. We’re just asking for compensation for the use of our recordings over the web, for streaming on simulcasts. I’m involved because the PPCA pays recording artists. And I want to see recording artists paid for the work they do in creating these unique pieces of copyright. We just want to negotiate with Commercial Radio Australia. Malcolm Turnbull, the Minister of Communications, has said the Government can’t legislate this. It has to be sorted out in the marketplace. It’s a commercial transaction, the independent arbitrator the Copyright Tribunal can make the decision on what the fee should be. Very learned people sit on that tribunal.

In your time with the Go-Betweens, did you know you were doing something important?

I knew that the work was brilliant and I thought the boys’ songwriting was brilliant, which is why I joined the band. As a three-piece we cut a fine figure as a group; the chemistry between members of the group is often underestimated. It’s what happens within a group that becomes fascinating and it comes out in the instrumentation and other finer details. And then getting Robert Vickers (bass) and Amanda Brown (violin, oboe, guitar, keyboards), it was such a unique group of individuals, a unique sound. We were very interested in culture, reading, film, galleries. Of course when we started we were very inexperienced on our instruments. And we grew together.

It’s curious that the Go-Betweens haven’t been inducted into the ARIA Hall of Fame.

There’s a reason for that. Robert won’t do it. He and Grant discussed it before Grant died, that they’d never want to be a part of that Hall of Fame stuff.

Do you think he can be swayed?

I wouldn’t try. That’s just how he feels. But they did accept an ARIA Award, post the “classic” period (laughs).

Incredibly, the band has a toll bridge named after them in Brisbane. But officials didn’t quite get the name right. It’s missing the hyphen, and the “S” at the end.

That was Campbell Newman, Queensland voted and that was the name they wanted. But then the politicians decided to have it go both ways by having a name that could mean two things. But it is a beautiful bridge. It’s so elegant. I went to the opening ceremony and it was the first time I’d seen Robert Forster for such a long time. It was truly amazing, walking over the bridge and catching up on 20 years. I’ve had Brisbane friends complain about the toll, and that people don’t use the bridge. I don’t care. I’m happy about the fact the bridge is named after the Go-Betweens.

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