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Radio Rocked: Serious Court Ruling Against Sirius XM Over Playing But Not Paying for Pre-1972 Music

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EXCLUSIVE This may be a lightning strike for all time: the Central District Court of California has ruled against Sirius XM and for Flo & Eddie, aka The Turtles, over not paying for playing pre-1972 music on the satellite radio station.

Sirius up til now has not paid royalties for any music prior to 1972, claiming that it was exempt by law. This means for the Turtles, for example, that every time “Happy Together” or “Elenore” were heard on a Sirius channel, it was free.

And this pertains just about to every track heard on Sirius that was a hit before February 1972, from Elvis to the Beatles to most of Motown, etc. Everything.

Judge Philip Guitierrez has done something that was unthinkable, and is certain to cause tidal waves through the radio and music industries today.

This may be the line from the judge’s decree that echoes all over the place: “On undisputed facts, Sirius XM publicly performs Flo & Eddie’s sound recordings without authorization to do so…At minimum, Flo & Eddie was injured by Sirius XM’s conduct in the form of foregone licensing or royalty payments that Sirius XM should have paid
before publicly performing Flo & Eddie’s recordings.”

When lawyers get hold of this, the consequences could be enormous. This ruling could apply to all of the pre-1972 recordings for which Sirius has no authorization. Like, all of them. If you’re a fan of the 50s, 60s, or 70s stations, or Soul Town, there may be a problem soon enough. “The Court found that such public performance constitutes a violation of Cal. Civ. Code § 980(a)(2).”

The kicker: “There was wrongful disposition of that property right every time Sirius XM publicly performed the recordings without Flo & Eddie’s permission, in violation of California copyright law.”

“Sirius XM’s unauthorized performances alone establish conversion damages in the form of license fees that Sirius XM should have paid Flo & Eddie in order to publicly perform its recordings.”

What will happen, and how will this affect Sirius–as well as other digital broadcasters not paying pre-1972 royalties? Plenty. It will depend on who owns the master recordings–and this is something that has been a point of contention for artists like Prince (who is not pre-1972). Record labels that own the masters to hit recordings may be lobbied by artists who are not paid by Sirius, et al to take a stand.

So hold on, Sirius, because they’re coming.

Broadway: Nathan Lane-Matthew Broderick Play Beats “Aladdin,” “Motown,” Sells Like a Hit Musical

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I wonder if the people who are buying tickets to “It’s Only a Play” realize that it’s only a play. It is not a musical and is not the sequel to “The Producers.” But the combination of Nathan Lane and Matthew Broderick has sent sales for Terrence McNally’s revival of his comedy into the stratosphere. Last week, according to numbers just released, “It’s Only a Play” nosed ahead of the hit musical “Aladdin with $1.27 million. Amazing. Remember, the “Play” hasn’t even opened yet!

The Lane-Broderick combo finished in fifth place overall, behind The Lion King, Book of Mormon, Wicked, and Kinky Boots. It was ahead of not only “Aladdin” but also “Motown: the Musical.” Let’s not forget the other cast members, all stars: Oscar winner F. Murray Abraham, Tony and Emmy winner (and Oscar nominee) Stockard Channing, Emmy winner Megan Mullally, and Harry Potter’s Rupert Grint in his first Broadway show.

Quite feat for a new show, especially in this difficult year. Finding it harder to get an audience is “This Is Our Youth,” with Michael Cera and Kieran Culkin. They managed to get the gross up this week to $418K over $372K the prior week. But that was because the ticket price went up. The actual audience decreased by a whopping 18%. I haven’t seen this play, so have no idea if it’s good or bad or whatever. Reviews were pretty good, though. Something must be missing in the marketing.

I am looking forward to Sunday’s opening of “You Can’t Take it With You.” The Kaufman-Hart comedy is a classic. James Earl Jones leads a terrific cast. Somehow their attendance went down this week from the prior week also, by 7%. Maybe a big opening and good notices will reverse the trend.

Beatles: Paul Asks for Meat-Free Monday, Plus It’s George Harrison Week

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I dutifully report all Beatle news: Paul McCartney beseeches us to honor Meat Free Monday. Paul is a vegetarian (as was his devoted wife Linda). You don’t have to be a vegetarian to do Meat Free Monday. Actually, we’d all be better off with Meat Free Monday, Wednesday, and Friday.
Here’s his video explaining the urgency:

Also, it’s George Harrison week. Apple/Capitol has boxed up George’s Apple albums including “All Things Must Pass” and “Living in the Material World.” They’re all remastered with lots of cool art. This week on Conan O’Brien, Paul Simon, Dhani Harrison and others sing George’s best songs as a tribute to him. “All Things Must Pass” is one of the great classic albums of all time, so it’s worth it. A nice holiday or birthday gift for any Beatle fan!

Pop Music: No Surprise Album Coming from Adele This Week

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Between now and next Tuesday, September 30th, around 30 albums are going to be released in time for the Grammy deadline. One of them, from Aretha Franklin, is a surprise that I announced last week. The Queen of Soul is releasing a transcendent version of Adele’s “Rolling in the Deep,” in keeping with her history of extraordinary covers (think Aretha on “Bridge Over Troubled Water,” “Let it Be,” or “I Say a Little Prayer”).

But one surprise that won’t be happening from Adele herself. Even though internet is buzzing with rumors of a “25” album from Adele on September 25th, it’s not in the works. I am assured by those who know that Adele has no “Beyonce” strategy up her sleeve.

There still could be a “25” album before the end of the year. But my guess is that if she has the tracks together, Sony would launch Adele in mid January. That’s the time when “21” took off, and it didn’t do so badly (10 million copies or more). That will also be exactly four years since “21” was released.

Adele may have stoked the rumors in May when she posted this Tweet. But as she says, “later in the year.” Not this week.

Oscars Status Report: Best Picture Possibles Starting to Generate Buzz, Take Slots

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So much Oscar talk! It’s only September 22nd, but the 9 slots for the 10 Best picture nominees (don’t ask) are starting to take slots and take shape. In no order of any kind, here are more than 10 films that could find themselves in the Oscar mix. These are films with release dates and/or definite intentions of opening (or have already opened) in 2014:

1. The Grand Budapest Hotel – directed by Wes Anderson

2. Boyhood — directed by Richard Linklaker

3. The Theory of Everything — directed by James Marsh

4. The Imitation Game – directed by Morten Tyldum

5. St. Vincent — directed by Theodore Melfi

6. Wild — Jean Marc Vallee

7. Birdman — directed by Alejandro González Iñárritu

8. Foxcatcher — directed by Bennett Miller

9. Whiplash– directed by Damien Chazelle

10. Belle — directed by Amma Asante

11. Men, Women, and Children — directed by Jason Reitman

12. Mr. Turner — directed by Mike Leigh

There are  a few additional films no one’s seen yet. They are are all major players: Inherent Vice, Gone Girl, Unbroken, Into the Woods, American Sniper, Big Eyes, Interstellar. We’ll see three of them at the New York Film Festival– Gone Girl, Inherent Vice, and Birdman. (Technically, Birdman has been played at Telluride and Venice, so that’s why I’m including it above.) The others will come later. But already there are polarizing opinions about which film deserves what prize, and which actor is yada, yada, yada. Everyone involved would like to see a surprise entry, a dark horse, something to stir the pot. But these will be the group of films we’re working with now, give or take one or two.

The Rolling Stones Don’t Want to Be Honored by MusiCares for their Humanitarian Work

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Scratch the Rolling Stones as MusiCares’ Person of the Year. Mick, Keith, Ronnie, and Charlie et al have declined the chance to be honored for their humanitarian or charitable work. Sources tell me that as the Stones have scooped up hundreds of millions for their 50th anniversary tour, they’re not interested in seeing fellow stars sing their songs next February in tribute to them at the record industry’s most prestigious event.

Well, humbug to them. There are plenty of stars who’d be honored to be honored by MusiCares, my favorite annual charity. So far Persons of the Year have included Sting, Bono, Carole King, Paul McCartney, Brian Wilson, Neil Young, Neil Diamond, Aretha Franklin, Don Henley, Stevie Wonder, Billy Joel, Paul Simon, Bruce Springsteen, Bonnie Raitt, and David Crosby.

The names I hear bandied about include, of course, Bob Dylan, plus Ringo Starr, Rod Stewart, Garth Brooks, Roger Daltrey and Pete Townsend of The Who, Led Zeppelin, Smokey Robinson, and so on. Madonna could be honored for her work with Kabbalah (that would be a weird night). Seriously: why not a Berry Gordy tribute to Motown? Or a memorial celebration of Michael Jackson with Diana Ross? Or what about Diana Ross herself? Or Lionel Richie?

I’m told the Stones turn down didn’t leave MusiCares “shattered.” They’ll get “satisfaction” elsewhere, believe me. MusiCares is bigger than the Rolling Stones. It helps hundreds of musicians with financial and life problems, many of whom have no health insurance or are in trouble after years of entertaining us.

“Fisher King” Director Terry Gilliam on Robin Williams: “The Joy, The Madness, The Torment”

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“Monty Python” star and veteran director Terry Gilliam turned up at the Tribeca Grand Hotel Thursday afternoon to promote “The Zero Theorem,” which opened Friday. After the press conference I asked about memories he had of Robin Williams, who starred in his 1992 film, “The Fisher King.”

“I had to watch Fisher King two weeks ago cause the Criterion Collection are doing a Blu-ray version of it and I had to look at it for technical reasons,” he told me. “What was interesting about watching the film was how – because Robin’s death has depressed me ever since — but watching the film is almost cathartic because he’s so alive in the film and it’s Robin. It’s not Robin playing a character. What you see on film is the full panoply of Robin, the joy, the madness, the torment. It’s all there on the film. I think it’s the only film that really captures who Robin really was in real life. I really enjoyed it. I came out of it with a huge smile on my face. Yeah, Rob! You’re still alive!” Gilliam cracked himself up.

“The Zero Theorem,” is a kooky science fiction epic set in an absurdist and candy-colored not-too-distant future, delves into the familiar territory of the director’s other movies, “Brazil,” “Time Bandits” and “12 Monkeys.” Christoph Waltz stars as Qohen Leth, an eccentric and reclusive computer savant, who lives in a burnt out monastery at which he also prefers to work. Management (Matt Damon wearing zany suits) delegates his teenage computer whiz kid son, Bob (Lucas Hedges, son of director Peter) to help Qohen work on a mysterious project that will uncover the meaning of existence – or the lack of one. Bob ends up bringing out Qohen’s human side and becomes a sort of surrogate son.

The script, by first time screenwriter Pat Rushin, was first offered to Gilliam in 2008, but he turned it down to work on the more personal films “The Imaginarium of Dr. Parnassus” and “The Man Who Killed Don Quixote.” Gilliam has famously attempted to make Don Quixote for the last quarter century. The film has continued to be a sort of obsession to the director. (His doomed attempt to bring the film to the screen was the subject of “Lost in La Mancha,” a 2002 documentary directed by Keith Fulton and Louis Pepe.)

In June 2012, after Don Quixote hit yet more snags to get off the ground, Gilliam looked around for a job.

“After Parnassus I worked for a year and a half on Quixote. It fell apart. I just wanted to work,” Gilliam told journalists. “I said, what’s out there? Anybody got a job for me?” Gilliam laughed. And my agent said, what about Zero Theorem? You mean they’re still interested? Okay, yes. Let’s go. The difference is your budget is now 8 and half.” Gillian cackled again. “Actually it was 7 and a half. I got it up to 8 and a half.”

The 73-year-old founding member of Monty Python cracked himself and journalists up every few minutes with his unfiltered comments. The budget reduction, which he credited to the new technology unavailable when he was first offered the script, and that they moved the shoot from London to Bucharest, ended up being a plus.

“Because the cheaper you can make a film the more you can say exactly what you want to say the way you want to say it and not have to listen to a lot of corporate dickheads telling you what the public really wants.”

Gilliam insisted that his film, a futuristic vision of the world set in London, was not dystopian. “This is Utopia,” he laughed. “It’s a wonderful world! Everybody is out there! They’re dressed smartly. They’ve got a lot of color. They’re bouncing around all over the place. Cars are zipping back and forth. Shopping is 24 hours a day seven days a week. What more do you want?” The only dystopian element is the guy unhappy in this element, Waltz’s character.“

Then, contradicting what he just said, the “Brazil” director added, “My tendency in films is to see the less good things in society and the world we live in because at least those are things you can criticize and possibly comment on and possibly might change something in some small way.” He cackled, “Not likely. But we can pretend to have some potency in the ability to help change the world. He’s got to believe things like this,” Gilliam pointed to Hedges. “He’s got a whole life ahead of him. I’m old. I know the truth,” Gilliam cracked up again.

The futuristic vision of the world in Zero is not so far off the director noted.

“For me coming to New York it’s like Qohen going out of his front door. I mean it’s just like, ‘WHAT!” Fuck it! We’re overwhelmed with stuff (in London) but it’s provincial and pissy small compared to walking into Times Square. What is this about? And where do we fit into it? Are we just these little dots that connect around the way. I mean are we just becoming social insects like worker bees? And our job is to keep treating and connecting, spreading those pheromones, that sort of go through the ether?”

Society was too hung up on how everyone else feels and being safe. “Nobody really has to have their individual opinion. People sort of are constantly communicating. Should I say that? Is that right? Have I gone too far? Have I offended? Am I rude? All these words keep coming up. My adage was, fuck this! People have got to start being individual and offensive. I’m obsessed about offending people cause you get a discussion going, maybe, if I start talking about things rather than ducking and diving.” He laughed. His daughter once told him, “Oh, that was very rude.’ AND? It was an idea. It was a thought. What do you think about that thought? Want to talk about it?” Gilliam cackled.

The press conference circled back to Don Quixote, which fans have waited a long time for. What stage is he in now?

“Right today I don’t know. I knew previously, two days ago. I don’t know anymore. I got an e-mail the other night,” he laughed again, “so I’m not going to say anything. Things have gone liquid again,” he laughed. “We shall see. But it’s something for me to think about when I’ve done the job,” his voice trailed off. “A man’s got to keep a mind occupied and pretending is the best way to go through life,” he laughed.

Steely Dan Reeling in the Years One Last Time After an Arduous Tour

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If you’re in the area Sunday night, you won’t want to miss Steely Dan’s last date on their 56 gig tour at the beautiful newly renovated Capitol Theater in Port Chester, New York. Last night’s show, the middle one of three dates, was such a high I wish I could go back again.

If you’re a Steely Dan fan, there is nothing better than Donald Fagen, Walter Becker and their “Steely Dan organization” of top notch musicians including Jon Herington on lead guitar. What always continues to astound is how supple the Becker- Fagen songs remain after 40 years. Last night they even brought back “Rikki Don’t Lose That Number,” not heard live in decades.

The group also revived “Dirty Work” from their first album, made popular again in the movie “American Hustle.” Fagen never sang it, not even on the album– that was David Palmer, who went on to co-write hits like “Jazzman” with Carole King. So the Dan-ettes, three fetching and ferociously gifted back up singers, handle the vocals so Fagen can rest his voice.

The two hour show is jam packed with songs built on jazz themes, improbable hits that are far more sophisticated than anything offered on radio today. It’s hard to believe that “Peg,” “Josie,” “Rikki,” “Reeling in the Years,” even “Hey Nineteen” with its “Cuervo gold and fine Columbian” made it onto radio airwaves, and became standards. Young people– like in their 20s– danced away in the aisles to “My Old School” with cheers for “William and Mary won’t do.” Do they even know what it means?

Becker and Fagen used to be these mysterious figures who were never photographed and rarely explained anything. They’ve mellowed a bit. They talk to the audience– Becker does a nice little shpiel in the middle of “Hey Nineteen.” They all make “Aja” into a centerpiece even though it’s the second number. No “Deacon Blues” last night, which is like if Paul McCartney skipped “Let it Be.” But you can’t have everything.

The Capitol is now a work of art. I used to go there in the 70s, in high school. It fell on hard times. At one point, around a decade ago, my friends threw a bat mitzvah there. Peter Shapiro rescued it, and brought it back to prominence. The sound is outstanding, and the vibe is refreshingly relaxed. The seats are all re-done in red velvet, too. And the venue is easy to get to from New York by car or train. Port Chester is hopping, also: who knew? Try Il Sogno for dinner first.

Friday Box Office: “The Maze Runner” is Highest Grossing Number 1 in Six Weeks

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The movie box office could be worse, I suppose. It WAS worse just a couple of weeks ago. On Friday, “The Maze Runner” was the highest grossing number 1 since August 8th, when “Guardians of the Galaxy” had a second hit week at $25 million. “Maze Runner 2” debuted with $11.2 million. The top 9 movies yesterday made a total of around $28 million. A lot of movie exec mansions will face foreclosure soon if this keeps up.

WIthout “Maze Runner 2,” last night would have been pretty much of a loss. Not much to snark about. Most everything is a holdover from past weeks. “This Is Where I Leave You” was left by many, and took in just $3.5 million last night. But I bet it plays well on cable and TV outlets, Netflix etc. Luckily, it didn’t have a big budget. Even the well reviewed “A Walk Among the Tombstones” was a snore, with $4.7 million last night.

Barbra Streisand Will Become Only Artist Ever to Score Number 1 Albums in Six Decades

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Barbra Streisand can go back to buying expensive art and antiques. Her “Partners” album will hit number 1 on Monday with between 170-180,000 copies sold. Wow. She will become the only artist, male, female or intersex, to score number 1 albums in six consecutive decades. Not even Paul McCartney can make that claim. (The real shocker is that such a thing is possible at all since I thought it was still 1992. But that’s another story.)

“Partners” will easily best sales for Chris Brown’s “X” album, which is quite a feat since Barbra could be Chris’s, ahem, older sister. This is interesting news since the Conventional Wisdom is that older people do not buy CDs or down load them. But we are about to have Tony Bennett and Lady Gaga, followed by Annie Lennox, and then Aretha Franklin all releasing topnotch work in the next week or so. Dolly Parton has already had a bit hit this summer.

Of course, we also have Jennifer Hudson, who, like all of the above– is a real musician with a real voice.

What does it all mean? People are starved for quality. There’s just so much pre-fabbed junk written and produced by the same “teams” that anyone can take. Real songs by real singers with real musicians can’t be underestimated.  And if you like all this stuff, I suggest you check out Julia Fordham ASAP. Her fans have known about her all along.