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Sirius Radio Loses Key Motion in Pre- 1972 Cases; Judge Rules Against Them; The Turtles Continue to Make Serious Inroads for Digital Royalties

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EXCLUSIVE Sirius XM has lost its motion for reconsideration in the case brought against them by the Turtles over pre-1972 recordings. The satellite radio company and the Turtles, et al– meaning all artists with records played on Sirius made before February 1972–will only be “happy together” if Sirius pays them. This is a huge decision by the Central District Court of California for all digital entities who’ve used the classic rock and roll library as a free resource.

The Court had already decided against Sirius in favor of the Turtles. Sirius was asking the court reverse its original order. And that was denied.

What’s happening is a watershed for pop artists on digital platforms. All the records fans love by artists like the Beatles, Stones, Aretha, Motown, Atlantic etc — none of them were getting royalties for hits played over and over on Sirius but made before 1972. keep refreshing…

Michael Jackson Pedophile Lawsuits Not Likely to Go to Trial, Settle Instead

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The lawsuits brought by two young men against Michael Jackson’s estate– alleging the late pop star molested them when they were underage– are still progressing through Los Angeles family court. The suits were brought by Wade Robson and Jimmy Safechuck, each of whom was part of Jackson’s coterie of young boys who lived and played at Neverland, and went on trips with Jackson.

Over time, Safechuck dropped out of the picture and there was speculation that his family received financial assistance in exchange for their silence back in the day. Robson, however, went on to work for Jackson and his company, became a choreographer, and testified for Jackson in his 2005 at his child molestation trial.

Of the two cases, I’m told, Robson is in the best position because he worked for Jackson’s company. Both Safechuck and Robson have sued Jackson’s company and his estate. But rulings are still pending about statute of limitations on suing an estate five years after the probate has settled. Jackson died in June 2009.

If the cases were allowed to go forward against the estate, it’s more than likely that Jackson’s executors would settle. The reasoning is they don’t want to tarnish the brand in public with a lot of sordid details. The executors would also want to avoid embarrassing Jackson’s three children with a circus like televised and much publicized trial. A settlement would gag all parties and seal the deals.

More to come…

 

Big Fail: “Strange Magic” Ranks Number 460 on Disney All Time Box Office

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Every year, Disney has just one big failure among their 17 or so releases. (That’s a pretty good rate.) And this year it’s “Strange Magic,” the animated film that went wrong. “Magic” will end up with less than $13 million in total box office. Right now, with less than $12 mil, it ranks at around number 46o on Disney’s all time box office list.

It’s not like the Mouse House is in trouble. “Guardians of the Galaxy” has set records, and “Into the Woods” has done very, very well. But “Magic” was supposed to be a George Lucas project that would be a tentpole. LucasFilm worked on it for 15 years, with Lucas producing and Gary Rydstrom directing. Things went so wrong in the production that when it came time to promote “Magic” Lucas disavowed it, and chaos ensued.

That miserable ranking is even worse because it’s animated. “Magic” is probably Disney’s biggest ever animation failure and just about the lowest box office for any animated film. When the film opened it had the lowest opening weekend for a movie in wide release.

Songwriters Hall of Fame Breaks Its Own Rules as Honorees Dwindle

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A couple of years ago, I made inquiries to the Songwriters Hall of Fame. Could Luther Vandross be inducted? The answer was no, he was dead. SHOF had an unspoken rule about no posthumous awards. So if you croaked before the membership approved you, there was no chance of membership.

But today the SHOF announced they’re inducting Jerry Garcia and Willie Dixon. These men are most sincerely dead. But it doesn’t matter anymore. Like the Rock and Roll Hall of Lame, the SHOF is starting to run out of potential honorees. Living songwriters with great catalogs don’t exist anymore.

This year, after years of being on the ballot, Cyndi Lauper and Linda Perry are getting in. I can remember meetings of the SHOF nominating committee when those names, though some of us pressed for them, got no traction. But now, with fewer candidates left, the last few are dribbling in.

Still not in the SHOF are Elvis Costello, which is tragic, and Pete Townshend. Don’t ask me why. Like the Rock Hall, the SHOF is very political. Music publishers make up the nominating committee, and they campaign for the writers who’ve made them money. The Grateful Dead remains very popular, so Garcia gets in with his still living partner Robert Hunter. Willie Dixon was a seminal blues man. So they make sense. But for years they were rejected because they were not breathing.

The reality is that starting around 1985, “songwriter” became a different animal. Sampling and “interpolation” became prevalent. Committees wrote songs. Producers threw in beats. Puff Daddy reworked Sting’s “Every Breath You Take” as “I’ll Be Watching You” and suddenly that was songwriting. But you can’t give it awards.

There are some songwriters still with unique catalogs. John Legend, Rob Thomas, Alicia Keys, John Mayer come to mind– although Mayer has nicked many Curtis Mayfield songs. Alicia has sampled quite a few songs, like the Moments’ “Love on a Two Way Street” for “Empire State of Mind.” But she’s written quite a few of her own, including “If I Ain’t Got You.” So she, and the aforementioned, will be eligible around 2020. Soon we’re going publishers agitating for awards for people like Max Martin and other “factory” writers whose impersonal pop product is spread around the highest bidder. Hal David, the now deceased and revered leader of the SHOF for years, will be rolling in his grave.

The reality, though, is tough. Now that the SHOF has given up the death rule, Vandross should slide in next year without question. Otherwise, the annual nominating meeting in September will be the same as ever. I was there for several years when the same names from the prior year were passed around for consideration. But the list has gotten much smaller, with almost no additions. There’s also a problem with older acts like Led Zeppelin– now being sued for allegedly stealing “Stairway to Heaven” from Spirit’s Randy California; and Madonna, who suggests melodies to writers who flesh out her work.

So congrats to Willie Dixon and Jerry Garcia. They’ve broken through a barrier. I think we’ll be seeing more of that.

Grammys: Stevie Wonder Special Scored Big Numbers, Who Should Be Next?

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All in all, the Grammy weekend was a TV ratings winner for NARAS prez Neil Portnow. The Grammys themselves dropped off,but the show was very good and it gave everyone involved– all the artists like Ed Sheeran, Sam Smith, and Taylor Swift– big bumps in sales. So that’s a total success.

Meantime, Monday night’s “Songs in the Key of Life” special honoring Stevie Wonder, won its time slot easily and brought CBS 7 or 8 million viewers it might not have had otherwise. Last year, the Grammys gave the Beatles 50th reunion show and it was a hit. So, now, who should be the honoree for 2016?

What I don’t understand is why the Grammys just don’t make life easy, and use the MusiCares Person of the Year show they have on Friday of Grammy weekend? This year it would have been Bob Dylan with lots of guest stars. Why don’t they just broadcast that show?

But if they don’t, they can double back and re-honor former Person of the Year honorees with another show. All of our stars from the 60s and 70s will be lost in a loop of nostalgia for the next 20 years.

Knowing CBS, my guess would be Neil Diamond for next year. Or Barbra Streisand. Stay tuned…

PS Why don’t record companies see that “adult” artists have a huge following? And not just record companies, but radio stations? There’s a huge untapped market out there.

Van Morrison Duets Album Avoids Greatest Hits But Is Here: Just As I Told You

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I did break the news that Van Morrison would jump to RCA and release an album of newly recorded duets of his songs. And now it’s here. Somehow, Van managed to avoid every single big hit and keep the album to lesser known tracks. No “Moondance” or “Wild Night” or “Domino.” No one’s singing “Have I Told You Lately That I Love You?” The album is called “Re-working the Catalogue” and he’s certainly doing that. Release date is March 24th. First single is “Real Real Gone” with Michael Buble. Duet partners are a mixed bag. But if you love Van Morrison ( and I do, and many others do) it will be well worth it. His last studio album, “Born to Sing (No Plan B) is as much as classic as his early works.

DUETS: RE-WORKING THE CATALOGUE track listing:

“Some Peace of Mind” with Bobby Womack (original version released on Hymns to the Silence, 1991)

“Lord, If I Ever Needed Someone” with Mavis Staples (original version released on His Band and the Street Choir, 1970)

“Higher Than The World” with George Benson (original version released on Inarticulate Speech of the Heart, 1983)

“Wild Honey” with Joss Stone (original version released on on Common One, 1980)

“Whatever Happened to P.J. Proby” with P.J. Proby (original version released on Down the Road, 2002)

“Carrying a Torch” with Clare Teal (original version released on Hymns to the Silence, 1991)

“The Eternal Kansas City” with Gregory Porter (original version released on A Period of Transition, 1977)

“Streets Of Arklow” with Mick Hucknall (original version released on Veedon Fleece, 1974)

“These Are The Days” with Natalie Cole (original version released on Avalon Sunset, 1989)

“Get On With The Show” with Georgie Fame (original version released on What’s Wrong with This Picture, 2003)

“Rough God Goes Riding” with Shana Morrison (original version released on The Healing Game, 1997)

“Fire in the Belly” with Steve Winwood (original version released on The Healing Game, 1997)

“Born To Sing” with Chris Farlowe (original version released on No Plan B, 2012)

“Irish Heartbeat” with Mark Knopfler (original version released on Irish Heartbeat, 1988)

“Real Real Gone” with Michael Bublé (original version released on Enlightenment, 1990)

“How Can A Poor Boy” with Taj Mahal (original version released on Keep It

Simple, 2008)

Broadway (Almost): New Brilliant “Revolutionary” Musical with Rap, R&B, and Black Actors Playing American Heroes

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Lin-Manuel Miranda? You may know his name from “In the Heights.” But starting this morning you will know him as the genius behind a brilliant epic musical (dare I say an opera) that opened last night at the Public Theater. “Hamilton” is the story of Alexander Hamilton and Aaron Burr set against the Revolutionary War.

Most of the actors playing your favorite historical figures are black (Washington, Jefferson, and so on, as well as Hamilton and Burr). The show is an epic, an opera, a soaring musical, a deeply researched history lesson that is going to blow audiences away when it hits Broadway.

And that, according to my sources, will be this spring to make the Tony Awards cut off. At the opening last night producers circled like sharks. But the Nederlanders will bring it in, I’m told, to either the Nederlander (where “Rent” once ruled the roost) or the Richard Rodgers. There will be lines around the block.

First of all, Oskar Eustis must know that Joe Papp, the legendary founder of the Public, be smiling in heaven. Eustis — with shows like this and “Here Lies Love” and the introduction of Sting’s “Last Ship” and many others– continues to be the leader in theater. He’s batting a thousand, as they say.

But back to Miranda, and his amazing “Hamilton.” They say it took him five years to write and mount this show. Watching it, you can’t imagine how he wove in so many story lines of characters both great small, famous and minor. Working off the little known point that Hamilton, a founding father and the creator of the New York Post, was of unspecified African and Caribbean background, Miranda turns history on its head. And that doesn’t mean that he’s inaccurate. (He’s not, and there will no “Selma” type whisper campaign here.) Indeed, Miranda’s decision to have a multi cultural story erases almost all idea of race. So Miranda himself plays Hamilton, Leslie Odom Jr is Burr, Daveed Diggs is Thomas Jefferson, Okieriete Onaodowan (James Madison) and so on. After this show, they will always be remembered this way.

I haven’t cited the women, who are on a par with the men. Renee Elise Goldsberry and Phillippa Soo play the Schuyler sisters. Hamilton married one and pined for the other. The segment and song about the wedding of Hamilton to Soo’s Eliza is breathtaking. Kudos all the way through to director Thomas Kail. Each of these women are stars, and convincing sisters. (Soo played Natasha in the theater “experience” piece “Natasha and the Comet.” Goldsberry is a Broadway phenom from “The Color Purple” and “Good People” who has a loyal following from “One Life to Live.”)

Some reviewers will say the songs are rap. Some are; most aren’t. They’re R&B, pop, hip hop, a little Beatle-y, hugely melodic and hummable. It’s a gorgeous, continuous score that never stops surprising us. Last night Atlantic Records’ Craig Kallman was in the audience. It’s my guess he’ll snap up (or has snapped up) this soundtrack.

Also in the audience last night: Audra McDonald, Ethan Hawke, Stephen Pasquale, among others, all entranced.

But get to the Public because for the next two weeks, the real show stopper is Brian D’Arcy James as King George III. He leaves soon to go star on Broadway in “Something Rotten.” I’m sure his successor will be just fine. But James, already a bona fide star, is having too much fun. (No one asked me, but I’d get Fred Applegate to try the part next. In fact, it’s possible King George will become a “Stunt cast” once the show opens. I overheard one of the producers say he’d like Paul McCartney or Sting to give it a shot. I could see Elton John doing it, frankly.)

“Hamilton” is one of those memorable moments in New York theater. You’re going to be hearing about it a lot.

Miley Cyrus Just Kills It On “SNL40”– She’s a Singer, After All (Video)

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Of all the good, bad and questionable moments last night on “SNL40,” my favorite was Miley Cyrus. This girl can saing. She could give up all the affectations, the shock photo shoots, and all the rest. She has the makings of a great singer, not just a good one. She can stop taking a wrecking ball to everything in her path, and just cool out now. Her rendition of Paul Simon’s “50 Ways to Leave Your Lover” could signal a new path for her, just as Lady Gaga has settled into “real” singing with Tony Bennett.

Lesley Gore, The Great Singer of “It’s My Party,” Dies of Cancer at 68

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Lesley Gore has died at the age of 68 from cancer. It’s a shock because we see her in New York all the time and she is a beloved pop icon. Lesley was sort of the Katy Perry of her time, a real pioneer with a vision for young girls and women. Her belting voice was unmistakeable and her hits were indelible. They’ve lasted right along. Imagine that the early hits came 50 years ago– she was 18. And it will always be her party.

“SNL40”: Who Was Missing from the All Star Reunion

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Missing: most of the Season 6 cast that was hired by producer Jean Doumanian and then fired at the end of the season. That would be Denny Dillon, Gilbert Gottfried, Gail Matthius, Ann Risley and of course, the deceased Charles Rocket. Rocket was famous for uttering the “f” word in skit, and the whole show was shut down for a month. Doumanian left, and all that remained was Piscopo and Eddie Murphy (who joined in Doumanian’s 4th episode).

Also missing of course: Dennis Miller and Victoria Jackson. And US Senator Al Franken, who was there from the beginning.

Wiped from history: Robin Duke, Mary Gross, Tim Kazurinsky. Then of course Robert Downey Jr., who had one bad season. And Julia Louis Dreyfus. Whatever happened to her? Also missing from her seasons: Brad Hall (whom she married) and Gary Kroeger. Anyone remember Tony Rosato? A. Whitney Brown? Terry Sweeney?

Tony winner Christine Ebersole was once a regular. No sign of her. Glaring omission: Nora Dunn, who was a very strong utility player, was one of the Sweeney Sisters with the late Jan Hooks. She fought with Lorne Michaels over Andrew Dice Clay hosting the show. It became a cause celebre, and she was out after five years.

Everyone’s been asking about Cheri Oteri. She was in the audience and on the red carpet with her “date,” NSync singer Lance Bass. He was part of a made up tabloid landslide all week that NSync would reunite on the show. Why? Does someone want them to? Certainly not Justin Timberlake. Or me.

Also interesting: no sign of Brian Doyle Murray, Bill’s brother, who was a regular and seemingly always around the show. And Robert Smigel, of Triumph the Insult Comic Dog fame and maker of many videos.

Plus, Candice Bergen was allowed only to introduce Miley Cyrus.

Did I miss anyone? Let me know.