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Sister Sledge Files Class Action v. Warner Music: “We Are NOT Family”

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Popular seventies recording act Sister Sledge–“We Are Family” was their monster hit– and country star Ronnie Blakely of the movie “Nashville”–have filed a class action suit against Warner Music Group. This is a big deal. The suit is based on Eminem’s successful similar suit against Universal Music Group from last year. It’s based on the record companies’ alleged non payment of royalties on digital downloads, mostly to “legacy” artists whose contracts never foresaw the advent of ITunes and the disappearance of physical records.

The Warner suit has far reaching implications because it encompasses not just Warner, but its especially lucrative catalog business via Atlantic Records (Aretha Franklin, Sam & Dave, Otis Redding, Wilson Pickett) and Rhino Records (which has repackaged all that material for decades). It’s also a class action suit, which means dozens of artists from the heyday of Warner-Elektra-Atlantic-Rhino can join the suit as it progresses. Damning for WMG are former CEO Edgar Bronfman’s quarterly proclamations to shareholders over the last six years that “digital sales are booming” (I’m paraphrasing) while everything else was in the toilet. Recordings of those analysts calls are sure to be played before some jury in the future.

The suit can be distilled thusly: “However, in breach of its contractual obligations under its Standard Recording
Agreements, WARNER has treated its transactions with Digital Content Providers as “sales” rather than “licenses.” In so doing, WARNER has applied the incorrect formula for calculating royalties owed to Plaintiffs and Class members, taken unjustifiable deductions (including, but not
limited to, the Net Sales Deduction, the Container Charge deduction, and the AudiophileDeduction), and applied a royalty percentage that is, in general, less than half of what it should beapplying in its computation.”

The suit was filed by four law firms. The principal is Pearson, Simon, Warshaw, and Penny in San Francisco.

 

 

Madonna’s “W.E.” $45k Weekend

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UPDATE SUNDAY MORNING: “W.E.” took in $45,000–estimated–over the weekend. That may be a bit high, and could still be revised. It’s unlikely it will get more of a push beyond its 4 screens.

UPDATE SATURDAY MORNING: Friday night–“W.E.” played on 4 screens, and took in $14,000. Basically, no one went to see it. Let’s compare: When “The Artist” — a silent, black and white movie made by French people with no stars– opened on 4 screens, it took in $75,000. When “Tinker Tailor Soldier Spy” opened on 4 screens, it took in $90,000 the first night, and $119,000 on the second night. Viewing comparative costs, Madonna probably spent $14,000 on eyebrow treatments yesterday. All that build up, millions spent by Cartier and other sponsors to drag “W.E.” all over the world for premieres. According to the New York Times from 1998, the lowest priced item that sold at the Duchess of Windsor’s estate was a Charles Baskerville painting for $19,500.

EARLIER: Madonna may be getting ready for her big Super Bowl half time show on Sunday. But her movie, “W.E.” has opened to the worst reviews of her entire horridso called film career. “W.E.”–cleverly redubbed “WTF?” by Kyle Smith in the New York Post, has scored a measly 18% on Rottentomatoes.com. That’s out of 100%. Critics around the country and the world-especially the British papers–hate it. I told you this would happen last September when “W.E.”–Madonna’s misinterpretation of the love story of the Duke and Duchess of Windsor–opened at the Toronto Film Festival. Since then much has happened–including Madonna’s ex-communication of cast member Abbe Cornish, who, according to sources, “she simply doesn’t like.” Only actress Andrea Riseborough, who plays Wallis Simpson, has made the publicity rounds.

Ironically, just as Madonna is performing in Indianapolis on Sunday, the full weekend box office numbers should be out–and they won’t be pretty. That is unless you’re interested in seeing the Duchess of Windsor dance to Chubby Checker’s “The Twist” while her husband watches from his death bed. Or listening to Madonna dismiss the couple’s visit to Hitler and their support of Nazi Germany. Or see actor James D’Arcy– a six foot two slim model–play Edward, the five foot seven nincompoop who abdicated (thank goodness) the British crown to marry an already twice wedded American who reportedly cheated on him.

“W.E.” is an odd and off putting movie, that’s for sure. The dialogue is crass, the sense of history is derived from skipping high school classes. But I must take credit for one thing — I dubbed this film “Wally and Wallis” in July 2010 as a tribute to “Julie and Julia.” Now everyone’s hopping on the bandwagon. But when people from two different eras–one dead, one alive because she’s breathing–start talking to each other, you know there’e trouble.

http://www.showbiz411.com/2010/07/29/madonna-film-on-the-windsors-wally-and-wallis

French Movie Ad Was Parody of James Bond (Duh)

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Just in case the Hollywood Reporter still doesn’t get it, those French ads for “Les Infideles” were a parody of the ads for “For Your Eyes Only.” The James Bond film of the 1980s featured Roger Moore positioned beneath a female assassin’s legs. Here’s one of the posters that was not very scandalous then and isn’t very scandalous then. By the way, I’m told that “Les Infideles” is a harmless set of short films in which the men who think they’re getting away with cheating, don’t. The women wind up triumphing. It’s hardly misogynistic. It’s considered a date night movie a la “Love American Style.” And Jean DuJardin is said to be quite charming in it. What a surprise. Quel suprise!

McCartney MusiCares Show: More Stars and Grammy Camp

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More stars have lined up for Paul McCartney‘s big MusiCares show on February 10th– Coldplay, Foo Fighters, Norah Jones, and even Duane Eddy. James Taylor will sing “Yesterday.”

Meantime, MusiCares and the Grammy Foundation are  gearing up for other events next week including Grammy Camp and Grammy in the Schools–next Wednesday, February 8th, featuring one of my favorite contemporary R&B stars, Anthony Hamilton. Here’s the press release:

THIRD ANNUAL GRAMMY IN THE SCHOOLS® LIVE! CONCERT WILL FEATURE GRAMMY® NOMINEE TERRI LYNE CARRINGTON,
GRAMMY WINNER ANTHONY HAMILTON,
EDUCATION PROGRAM STUDENTS, AND
HOST PAT PRESCOTT FROM 94.7 THE WAVE

GRAMMY Foundation® Event Sponsored by Ford Motor Company Fund and the Starkey Hearing Foundation with Support from Best Buy, Converse, and 94.7 the Wave

WHO:        Members of the GRAMMY Camp® — Jazz Session, along with student alumni from
GRAMMY Camp and GRAMMY® Signature Schools, with special guest performances by current GRAMMY nominee Terri Lyne Carrington and GRAMMY-winning artist Anthony Hamilton. Pat Prescott from 94.7 the Wave will be the evening’s host. For real-time coverage and updates on this event, plus all GRAMMY Foundation events during GRAMMY Week, please like “GRAMMY in the Schools” on Facebook at www.facebook.com/grammyintheschools.

WHAT:     Third annual GRAMMY In The Schools® Live! — A Celebration Of Music & Education, sponsored by Ford Motor Company Fund and the Starkey Hearing Foundation with support from Best Buy, Converse, and 94.7 the Wave.

WHEN:     Feb. 8, 2012
6 p.m.: Media Check-In
6:30 – 7 p.m.: One-on-Ones with Terri Lyne Carrington, Neil Portnow, Pat Prescott, and sponsors
7 p.m. – 7:30 p.m.: One-on-Ones with Anthony Hamilton
7:30 p.m. Performance

WHERE:     University of Southern California, Grand Ballroom
3607 Trousdale Parkway
Los Angeles, CA 90089
310.581.8682

*Dinner tickets start at $75 per person; dinner begins at 7 p.m. Concert only tickets are $20 per person; concert begins at 7:30 p.m. Visit www.grammyintheschools.com or https://www.formstack.com/forms/?1047456-IfE0zhkr9A to purchase.*

WHY:     GRAMMY Camp, GRAMMY Camp — Jazz Session and GRAMMY Signature Schools are programs for U.S. high school students and high school music programs. They are part of the GRAMMY Foundation’s GRAMMY in the Schools offerings and are supported in part by Best Buy, Converse, Ford Motor Company Fund, and the Starkey Hearing Foundation. The 2012 GRAMMY Camp application deadline is March 31, 2012. Financial assistance is available to qualified applicants. The deadline for the 2013 GRAMMY Camp — Jazz Session and GRAMMY Signature Schools programs is Oct. 22, 2012. Applications are available at www.grammyintheschools.com.

GRAMMY Camp is a signature music industry camp that will be held in Nashville (June 17–24), Los Angeles (July 9–18) and New York (Aug. 2–8) in summer 2012. GRAMMY Camp offers an interactive residential summer music experience focusing on all aspects of commercial music, with instruction by artists and industry professionals. GRAMMY Camp Nashville will be held at Black River Entertainment located on Nashville’s legendary Music Row. GRAMMY Camp L.A. will be held at the University of Southern California Thornton School of Music and other professional venues
throughout Los Angeles. GRAMMY Camp N.Y. will be held at Rubber Tracks, Converse’s new state-of-the-art recording facility in Brooklyn, N.Y.

High school singers and instrumentalists can audition for the GRAMMY Camp — Jazz Session. Selectees will receive an all-expenses-paid trip to the host city for the annual GRAMMY Awards, and students will participate in high-profile GRAMMY Week performances and recording sessions and will attend the GRAMMY telecast.

Just as the GRAMMY Award recognizes excellence in recording, the GRAMMY Signature Schools program recognizes top public high schools across the country for outstanding commitment to their music education programs. Each of the GRAMMY Signature Schools will receive a custom award and a monetary grant to benefit its music program.

Springsteen-Sopranos Reunion Last Night: Talk of the Apollo

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Last night, the E Street Band and The Sopranos had their own reunion. The occasion was a screening of “Lilyhammer,” the Netflix original series starring Steve van Zandt–Little Steven, to you–at the Crosby Street Hotel. Both gangs came out to celebrate van Zandt including Mr. Bruce Springsteen, as well as Tony Sirico (“Paulie Walnuts”) and Steve Schirippa (“Bobby Bacala”) from the heralded and much missed HBO show. Tony Bennett. Chloe Sevigny and Harvey Weinstein were also in the house.

And what was everyone talking about besides “Lilyhammer”? Why the Springsteen show just announced for the Apollo Theatre on March 9th. It’s the kickoff for the “Wrecking Ball” tour. Springsteen now joins Sting, Paul McCartney, Carly Simon and Stevie Wonder, and just a few others who’ve used the Apollo to test launch their new shows via Sirius XM Radio. Hopefully Bruce will include a little nod to soul history at his Apollo show, which should even be more fun. SiriusXM’s Scott Greenstein knows how to put these things together–he just ushered VanHalen through their nifty comeback show at Cafe Wha? in Greenwich Village.

An “Artist” Smear Fails: No “Scandal,” Says French Billboard Company

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UPDATE: There were exactly two complaints about billboard ads for the French film “Les Infideles” according to Noemi Fuento of JC Decaux, the international billboard company. Fuento laughed when we discussed the story. “It’s not a scandal,” she said. “We’re changing the ads tomorrow. But it’s no big deal.” She added: “We are all very proud of “The Artist and Jean DuJardin.”

EARLIER: Well, it wouldn’t be the last leg of  the Oscar season without an another attempted “smear” aimed at front runner “The Artist.” Now The Hollywood Reporter has been convinced that “Artist” star Jean DuJardin is hurting his Oscar chances by appearing in “provocative” ads for a new French movie called “Les Infideles.” As usual, THR–the unsophisticated stepchild of US Weekly–has missed the point. DuJardin appears in a couple of very French, very “Saturday Night Live”-Esquire magazine parody ads for the movie. Trust me, there is no “French outrage.” A friend of mine at Paris Match magazine didn’t even know what was going on until I emailed her, and then laughed when she heard about it. The ads are tame. The smirk on DuJardin’s face in the ads is considered ironic–a wink at the audience– nothing more than Steve Carell or Ryan Reynolds would do here for a tame sex comedy. Plus, in France, believe me, there is very little outrage over anything mildly sexual. Someone is stoking this fire (I wonder who could it be.) Sacre bleu? What’s next? Stories of Uggie the Dog leaving croissant crumbs on the sidewalk? “The Artist” is a little bit of genius, DuJardin’s Screen Actors Guild Award is evidence that American actors “get” his tongue in cheek performance. Mon dieu! PS The “offending” ads are being changed. And nothing, I am assured, has been “censured.” Let’s get a grip. This was considered “provocative” 20 plus years ago:

Rocker James McCartney–Paul’s Son–Makes a Winning NYC Debut

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James McCartney is 34 and he’s the son of the world’s most accomplished, and famous rock star. Let’s face it–not easy if you are also a musician. So last night James made his New York debut with his group at the intimate Rockwood Club on Allen Street on the lower East Side. And he was great. He has Paul’s wide face, his late mom Linda’s blonde hair. His voice is sort of a combination of each, which makes his singing independent from the famous Beatle and but still imprinted with lots of personality. He is also naturally gifted musically–keyboards, guitar, whatever. James can rock it out, then switch to a haunting ballad. He and his band also made nice work of Neil Young’s “Old Man.”

Maybe some fans were looking for Dad last night, but he wasn’t there. Instead, James’s uncle, John Eastman (Linda’s brother) and John’s son, Lee (James’s first cousin) with wife Vanessa covered for the McCartney-Eastman clan. The small, friendly club was jam packed, and no one left disappointed. James is promoting a new CD called “The Complete EP Collection,” which you can buy or download online. It was produced by Paul McCartney and David Kahne. I give them credit–James has his 0wn style and sound.

On stage he is shy, which he can work on. He talks, but he’s still tentative. A few self deprecating Beatles jokes would loosen things up. I did ask him why he waited so so long to get his career started. His answer was thoughtful. “First, the loss of my mother was a lot,” he said, which was incredibly disarming. Linda McCartney’s death was tragic. “And then I wanted to be ready”–and not half baked. And guess what? He is. Nicely done.

 

Photo c2012 Ann Lawlor

Recording Artist K’Naan to Mitt Romney: Stop Using My Song

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K’Naan, one of my favorite singers, is not happy with Mitt Romney. After the Republican hopeful used K’Naan’s international hit, “Waving  Flag,” to celebrate his Florida primary win, K’Naan issued this statement:

A&M/Octone recording artist K’NAAN was dismayed to learn that his song “Waving Flag” was used by Mitt Romney in his speech last night following Florida’s Republican primary.

The artist was not aware that the song would be used by Romney and the campaign is not something K’NAAN endorses.

“I have not been asked for permission by Mitt Romney’s campaign for the use of my song. If I had been asked, I would certainly not have granted it. I would happily grant the Obama campaign use of my song without prejudice.”

K’NAAN is currently seeking legal action so that further use of the song by Romney’s campaign can be prevented.

Oscars Stocking Up on Big Name Presenters Hanks and Cruise

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The Academy Awards are stocking up on big name presenters for the February 26th telecast. Already on the list are Tom Hanks, Jennifer Lopez, and Tom Cruise. Watch for more names, too, particularly heavy hitters that people don’t get to see all the time. The reason? The show is a little star-deprived, what with “The Artist”–French actors mostly, and then the other nominees for Best Picture are not as star studded as they could be. You can’t have Brad Pitt and George Clooney give out every award. So it will be a ratings boon to see some unusual faces, even if they weren’t Oscar nominated this year. Obviously, Hugh Jackman is at the top of every list. So is Daniel Craig. Julia Roberts is always a draw, and so are Denzel Washington, Halle Berry, and Sandra Bullock. From the “older” Hollywood set, it would be nice to see Warren Beatty, Goldie Hawn, Jack Nicholson, Jane Fonda, Shirley MacLaine, Clint Eastwood, Dustin Hoffman, Al Pacino, Robert DeNiro, Sidney Poitier, Mel Brooks,  etc. And please, it doesn’t matter if they presented at some other show this season. These are the Oscars. It’s the only awards show that really counts in the end. Producer Brian Grazer has made so many hits, his Rolodex is bursting with possibilities!

Mitchell Fink’s Emotional Adventure with Dr. Oz plus George Gurley’s Therapy

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Two books this week from journalist pals who’ve hit the publishing circuit:

First–Mitchell Fink‘s stunning and stirring account about a heart transplant performed by TV’s Dr. Mehmet Oz. “Change of Heart: A Black Man A White Woman A Heart Transplant, and A True Love Story” should be made into a movie right now. It’s an amazing saga of a black man who received a white woman’s heart in a transplant. Fink, our old pal from the New York Daily News and other publications, expertly and poignantly recounts the issues involved. The man receiving the heart wasn’t so keen on the one he was getting. “Change of Heart” is gripping and revelatory, and not to be missed. Hollywood, this is tailor made for a great film. It’s easy to find at http://www.amazon.com/Change-Heart-Black-White-Transplant/dp/0985273712/ref=sr_1_3?s=books&ie=UTF8&qid=1328117369&sr=1-3

…then last night, New York Observer writer George Gurley presented his new book, “George and Hilly: The Anatomy of a Relationship.” A ton of media types turned up at Doubles in the Sherry Netherland Hotel to celebrate this true account of George and permanent fiancee Hilly’s rocky road through couples therapy. It’s amusing and witty, of course. And still there’s no ring, although there was a rumor that George did propose to Hilly at the end of the party last night. Lots of fun. This is perfect February vacating reading!