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Are U2, Pop Acts Getting Blacklisted?

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There’s something ugly going in the world of pop music and radio that maybe you don’t know about, and it’s not fun.

After 50 years, there’s an actual Performance Royalty bill going through Congress. The act would provide that performers get paid every time they’re played on the radio. Believe it or not, for all these years of rock and roll, the only people getting money when a song is played on the radio are the composer and publisher.

This means that everyone from Elvis to Frank Sinatra to Celine Dion and Beyonce ‘ singers who don’t write their own songs ‘ get zip from radio play. Of course, people who wrote their own songs ‘ like the Beatles or Stevie Wonder ”and sang them, too, only receive a writer’s royalty.

Radio ‘ pop, rock, country, R&B, all of it ‘ has lived for free for over five decades. Now several members of Congress are trying to help them.

Radio companies are not pleased. They are advertising heavily against this. Here in New York., I’ve heard commercials on both WINS and WCBS AM intended to scare listeners with misinformation. “Someone is trying to take your free radio away from you.” is how they put it. In fact, no one is suggesting that. But it sounds good.

MusicFirst is the lobbying organization fighting for the artists. They have just filed a complaint with the FCC. They claim that they can’t buy similar airtime on radio stations to plead their case. Surprise! On top of that, MusicFirst is gathering evidence that artists who back the Performance Royalty Act are being blacklisted. Their songs aren’t being played on the radio.

U2 may be the test case for this complaint. Their lead single from their new album. “Get Your Boots On,” got little radio play. It pretty much killed off their newest album. No one from U2 has made the accusation. But little by little, sources say, people are figuring this out.

Older performers from Motown and other labels are already attending so-called Town Meetings around the country, explaining the situation. They’re brave, but have nothing to lose: radio has already exploited them for 50 years. It will take contemporary artists to stand up and demand the passing of this act before radio will take this seriously. I do mean everyone on the top 40 right now, from Beyonce and Britney to Nickelback and Eminem.

Radio ‘ in the form of their lobbying group, the National Association of Broadcasters ‘ will take the position that the artists “owe” them the music for free, that playing it sells copies of CDs and concert tickets. But the proof is in the pudding: CD sales are nil, and downloads don’t make up for them. The concert business is great if you’re a current act, but if you’re new, marginal, or old, depending on ticket sales for income could have dire consequences.

One look at the artists who tour and tour and tour should shed light on the problem. Cher is the best example. She’’s never written a song, and never been paid a royalty. She hasn’t sold a CD in a major way in more than a decade. To make money, she tours. Her retirement tour went on for years. Now she’s installed in Vegas. Believe it or not, Cher is 64 years young. It’s not like she can do this forever.

Tina Turner is another good example. Last winter, at age 69, she took America by storm with a high priced, quick tour. Why? No royalties. She didn’t write “Proud Mary” or “What’s Love Got to Do with It?” She must sell tickets to earn an income. It’s that simple.

And Cher and Tina are at the high end. What about performers who can’t tour, or don’t perform any more? Meanwhile their music plays 24/7 on the radio. “Classic Hits” and “Oldies” radio is free’to the radio stations that program it. It generates income only for them ‘ in commercials. That’s money that artists have never shared. Until, maybe now.

So MusicFirst will continue to host Town Meetings, and to investigate blacklisting. And artists are going to be called on more and more in the next few months to step up and represent their colleagues.

Oprah’s School Model: Rich Girls Gone Wild

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winfrey oprah 263x300 Oprahs School Model: Rich Girls Gone WildIs Oprah Winfrey supporting a very high-end finishing school for girls who terrorize and ridicule each other?

Winfrey’s very generous in her support of charities. Under her name, three funds totaling hundreds of millions of dollars dole out money to needy causes.

Among them: Miss Porter’s School in Connecticut, the fanciest of all girl’s finishing schools in the United States, alma mater of Jackie Kennedy. And recently profiled in Vanity Fair. Why? A group of girls have named themselves ‘ quite unfortunately for Winfrey ‘ the “Oprichniki.” They’re named not for the talk show host but after Tsar Ivan the Terrible‘s secret Russian police in the late 1500s. Vanity Fair says they’re the equivalent of Yale University’s famous secret society, “Skull & Bones.”

It’s important to note that Ivan’s wife, Maria, is credited in history with suggesting he set up this secret, violent police squad. Oprah should be so proud.

The magazine details the horrors the Oprichniki levels against its enemies at Miss Porter’s. According to the report, a former student ‘ accused of cheating ‘ is now suing the school claiming the Oprichniki terrorized and mocked her mercilessly. Their hazing practices are just a little more awful than the process of getting booked on ‘Oprah.’

What’s incredibly interesting about this: Oprah modeled her eponymous Leadership Academy in Johannesburg after Miss Porter’s. She sent her niece, Chrishaunda Lee, there in the 1990s. And Oprah ‘ who reportedly is taking her entire television crew on a Mediterranean cruise ‘ is in the middle of giving Miss Porter’s a $1 million donation.

There are three Oprah charities. The biggest one is the Oprah Winfrey Foundation. All three seem to only file tax returns in odd numbered years. The last filing available, which I reported on in my old column, was for 2005 but it wasn’t ready until 2007. The newest and only one since then is for 2007. According to it, the fair market value of the Oprah Winfrey Foundation’s assets is just over $234.4 million, up from $172 million in 2005. The foundation disbursed $1.8 million to about a dozen educational institutions in 2007, including the annual donation to Miss Porter’s and $250,000 to its African American counterpart, Maxine Mimms Academies of Tacoma, Washington.

The second charity is the Oprah Winfrey Operating Fund, with $69.2 million in total assets and has recently changed its name to reflect its primary recipient: the Oprah Winfrey Leadership Academy Foundation.

And then there’s the Angel Network, with $21 million in assets. Angel Network gave away over $5 million in 2007, to a variety of groups in southern Africa, as well as to organizations in Mississippi, including Habitat for Humanity. She also donated $300,000 to the American Library Association.

So it’s the continued interest in Miss Porter’s, and its connection to her Leadership Academy, that skews Oprah’s powerful charity work. There’s also the unfortunate same sounding name of the Oprichniki girls at Miss Porter’s considering the scandals at the Leadership Academy in Johannesburg. Currently, a trial is taking place in Joburg in which a former Academy dorm matron is accused of sexually molesting the girls from the school. The matron, Makopo, has pleaded not guilty. But to combat the bad publicity, this week Oprah arrived on campus with Thandie Newton, Kathy Freston, singer Katy Perry and some other celebrities for a week-long public celebration, open to the press.

Of course, since U.S. media ignores everything from Africa, even Oprah’s visit has remained absent from the pages of the magazines that would otherwise chronicle her weight gain, love life, or hairstyles.

Chris Brown: Career Over?

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chris brown 236x300 Chris Brown: Career Over?Chris Brown copped a felony plea today in the Rihanna case, and got 5 years’ probation plus community service.

It looks like he walked away from his February 8th crime. But not really. The big question now is: What’s left of his career?

Brown records for Jive Records, which is part of Sony Music Entertainment. He’s supposedly been in the studio for the last couple of months. He owes Jive an album. Believe me, they’d like it. Or, would have liked it.

How now to market new music by a singer who’s essentially admitted to beating up his superstar girlfriend?

My sources over at Jive are perplexed. For a while they were talking about a fall release from Brown. But that seems unlikely after today’s events. Brown’s career may be over — not entirely, but for a while.

It’s not like other hip-hoppers haven’t had jail time, convictions, or guilty pleas. Many of them have been rehabilitated. Snoop Dogg has gone from Most Wanted to Most Loved in some circles. Violence has always trailed Diddy, but somehow he’s managed to keep it away from his career.

This incident may be different, though. In all those cases, the alleged victims were anonymous, or unknown, to the public. Rihanna is a big star. There’s ready photographic evidence of Brown’s beating of her. Every time they have to be at a public event, there’s now a court order to keep them 10 yards apart. Imagine a red carpet under those conditions.

The shame of it is that Brown is young and extremely talented. He did a terrible and stupid thing. Now he’s going to need the best p.r. campaign in the world to try and undo this mess — that is, if he wants to continue being a star himself. How long before he’s weeping with Barbara Walters, and letting Oprah berate him on the air?

Good luck, Chris. You’re going to need it.

rihanna court1 Chris Brown: Career Over?

Brad Pitt Baseball Movie: Still at Bat

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94396 pitt brad 341x182 Brad Pitt Baseball Movie: Still at Bat

Getty photo

Brad Pitt was supposed to start shooting a baseball movie tomorrow for Sony/Columbia called “Moneyball.” The director is Steven Soderbergh. The screenplay is from Steve Zaillian. The co-star is newly hot Demetri Martin.

For the moment, though “Moneyball” has been halted. The sets are built, everyone’s in place, but Sony chief Amy Pascal got cold feet at the last minute on Friday night. That’s her prerogative, of course. Sources tell me she was worried that the film’s script — as she read it — didn’t have enough emotional pull.

But insiders from “Moneyball” are hopeful Pascal will change her mind. They think she’s worried that Soderbergh is about to give her one of his minor films, like “The Girlfriend Experience” or “Full Frontal.”

“Not so,” says an insider. “It’s going to have the feel of ‘Erin Brockovich’ or ‘Out of Sight’ ” — Soderbergh’s two biggest commercial hits. “It’s got a major movie star who’s passionate about it. And it’s a come-from-behind, win-win movie.”

Indeed, “Moneyball” sounds intriguing. Soderbergh has already filmed interviews with real baseball players from the 2002 season who watched the Oakland Athletics start at zero and wind up winning their division with an astounding’103-59 record.

The story hinges on owner Billy Beane, whom Pitt is set to play when the filming begins. Beane began the season with no star players, just rookies and leftovers from other teams. As told in the book of the same name by Michael Lewis, Beane used something called sabremetrics to calculate his way to a division championship.

Pascal may have bridled at the fact that Soderbergh plans to use real team players from 2003 mixed in with actors to retell their own story. He’s also using those interviews as documentary interstitials to advance the story. Producers say this is like what Warren Beatty did in “Reds,” but not really. It’s very much in keeping with the way documentary filmmaking has been threaded into feature films in recent years.

“The vision Steven has is great,” says a source, “but it’s not all on the page. He was writing so fast, he didn’t have time to catch up to the production schedule. Amy didn’t see the vision. She may not know that the interviews are only 10% of the film. So much of it will be the magic of just filming the story.”

Baseball movies that work are usually about that magic — especially since you’re filming things that can’t be scripted. “Bull Durham,” “Field of Dreams,” “The Natural” all sort of depend on what happens on the field in order to make the film feel honest.

The “Moneyball” gang now has four options: make’a deal with a currently interested studio, make one with someone else, replace Soderbergh, or have Sony give them the go-ahead to steal home. They do say that former Athletic Scott Hatteberg, 39, who is set to play himself in the movie, will be the hot story when “Moneyball” is finished. Hatteberg is an unsigned free agent this year, and is ready for his close-up.

Don’t believe everything you read about the “Moneyball” budget, either. The total — $50 million — includes about $15 million to Pitt, and a chunk to Soderbergh. I’m told otherwise this a relatively inexpensive film to make. And what a coup for Columbia if they wind up with the “Rocky” of baseball movies starring Brad Pitt.

(Here’s an idea, PS: Why not put this under the Sony Pictures Classics rubric? It could be “Bend It Like Beckham” all over again?)

Did Eddie Murphy Capsize Paramount Execs?

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There are so many reasons John Lesher and Brad Weston are out at Paramount Pictures.

But the straw that probably broke the camel’s back: the Eddie Murphy movie “Imagine That” bombing like there’s no tomorrow.

As of Saturday morning, it’s not even at $10 million after eight days of release. With a $55 million price tag (which means more like $70-$75 million after promotion and partying), this is a disaster.

And it doesn’t make sense. Murphy has a built-in audience when it comes to kid movies like “Dr. Doolittle.” No matter how awful this one was, it should have at least opened big before fizzing out. But “Imagine” was stillborn. On its opening Saturday, it took in only $2.2 million on over 3,000 screens.

And more should be coming out about this Paramount bloodbath shortly. It can’t be a coincidence that just a few days ago came an announcement of Tom Cruise returning to Paramount, at least as a producer, for “Mission Impossible 4.” Lesher was against a Cruise return, and had advocated a “MI” return to roots’a team of spies a la the TV show, and no more Cruise.

But there’s been a chain of developments’J.J. Abrams’ “Star Trek” is the hottest hit of the summer. He undoubtedly wanted to do “MI4.” He and Cruise have remained friendly since “MI3.” And so on. When “MI4″ finally takes shape, you can bet that Cruise will be on screen as Ethan Hunt, whether as a solo star or team leader. If Lesher maintained the position that that dog wouldn’t Hunt, it couldn’t have helped his cause.

Oh, for a decade ago when Sherry Lansing ran Paramount. Lansing managed to get a piece of James Cameron’s “Titanic,” which Fox released. She made a fortune for the company. It can’t be lost by anyone at Paramount that Cameron’s “Avatar” is coming, and could be “Titanic” again. Only this time, Paramount has no part of it.

More to come, no doubt…

Bon Jovi Nearly Upstaged by 81-Yr-Old Andy Williams

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The 40th annual Songwriters Hall of Fame dinner and show ‘ held last night at the Marriott Marquis ‘ put to shame forever its much loathed rival, the Rock and Roll Hall of Fame.

Jon Bon Jovi

Jon Bon Jovi

In a three-hour show produced with panache by Phil Ramone ‘ who also served as announcer ‘ a cross-section of pop, rock, R&;B and country songwriters and performers took the stage and made magic.

Among them: the reunited Rascals, a trio that long ago stopped performing together and couldn’t even be seated together. But Felix Cavaliere and the brothers Eddie and David Brigati managed to put aside their differences for the first time in years. They played “How Can I Be Sure” and “People Gotta Be Free” from their halcyon days on Atlantic Records and won standing ovations.

They weren’t the only reunited group. Crosby, Stills, and Nash saddled up for a haunting “Helplessly Hoping” after James Taylor serenaded the crowd with several of their songs including “Teach Your Children” and “Love the One You’re With.”

Jon Bon Bovi and Richie Sambora gave two of the best speeches of the night accepting their award and playing “Wanted Dead or Alive.” Bon Jovi summed up the night when he said, “The business has changed a lot, but one thing they can’t take away is the song.”

It was a sentiment echoed by songwriter Paul Williams, now head of ASCAP, and Welsh singer Tom Jones, who received a citation for performing other people’s songs. Awards also went to pop team Roger Cook and Roger Greenaway, whose hits included “Here Comes That Rainy Day Feeling Again.” They may have been the surprise stars of the night as they knocked out their own “You’ve Got Your Troubles, I’ve Got Mine” as if they were pop singers, not writers.

Broadway was represented by the composers of “Hair” and “Godspell.” For “Hair,” Marilyn McCoo and Billy Davis, Jr. reprised their 1969 hit with the Fifth Dimension of “Aquarius/Let the Sunshine In” with cast members from the current Broadway revival leaping onto the stage and into the audience. They’d just finished their nightly show down the street.

Andy Williams

Andy Williams

But the lump in the throat moment of the night really came when Andy Williams, who’ll be 82 this December, sauntered out to sing “Moon River.” Always a little square in the 60s and 70s, Williams has aged remarkably well. He was a little shaky when he first came out on stage, but within minutes he found his groove and sent “Moon River” sailing out over the audience. Even the hippest rock types couldn’t get over it.

And Motown was represented by the songwriting team of Holland-Dozier-Holland, the trio that wrote most of the hits by the Supremes and Four Tops. They left Motown in 1969 to start Invictus Records, where they had more hits with Freda Payne and the Honey Cone. At the time, their split from Berry Gordy was acrimonious. But time heals all wounds, so Gordy was there last night to toast them, and the guys ‘ Eddie and Brian Holland, and Lamont Dozier ‘ were happy to accept. Bebe Winans stood up for them, delivering a soulful rework of “You Can’t Hurry Love.”

Just as Gordy finished his presentation, Richie Sambora, singer Gavin DeGraw, and writer Desmond Child led their table loudly in a spontaneous singalong to HDH’s “How Sweet it Is (to be Loved by You).” Very cool. Elsewhere in the audience I spotted the Beach Boys’ Al Jardine, as well as Revlon chairman Ron Perelman, and a smattering of record company execs.’ In a much hobbled economy, it was to the credit of Hal David and Linda Moran, who run the organization, that the Marriott ballroom was full.

Luckily, the night was long on music and short on speeches. Richie Sambora said that when he met Jon Bon Jovi, he knew he had “it,” whatever “it” was. Rob Thomas jokingly asked Jason Mraz, winner of this year’s Starlight Award for a new generaiton songwriter, “to stop working. You’re too young and too talented.”

Tom Jones ‘ who’s just turned 69 and has grandchildren, he says, in their 20s ‘ sang “It’s not Unusual” and “Green Green Grass of Home” with as much exuberance as if it were 1965 and no time had passed at all. He got some rueful laughs observing: “Without the song, we’d just be box boys at Ralph’s Market.”

Whitney, Santana, Alicia, Leona, Manilow All Set for Fall

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Clive Davis may have been “kicked upstairs” last year at Sony/BMG/Whatever Music but that doesn’t mean he’s gone gently into that dark night.

Quite the opposite. He’s more like the Dark Knight.

Davis, who’s in his mid 70s, looks like he will have the hottest fourth quarter in the music biz. Maybe ever.

His team at Arista/J Records is getting ready to unleash a barrage of releases by Davis’s biggest names all at once between September and Christmas.

First up is Whitney Houston’s comeback album, set for September 1st. The first single, written by Diane Warren and produced by David Foster, is said to bring listeners to tears ‘ in a good way. The album also contains a hot single written and produced by Alicia Keys called “Million Dollar Bill.”

But then comes an avalanche of Davis’s big guns: Alicia has a new album herself, follow up to her monster hit, “As I Am.” Leona Lewis has her second American album, after “Bleeding Love” made her a superstar. Add to that new CDs from Carlos Santana and Barry Manilow.

Davis has been busy with some non Arista/J projects, too. Over at Sony Music, which is part of the conglom he’s now part of. Davis has exec produced Harry Connick, Jr.’s new album, which is said to be a breakthrough for the New Orleans actor-singer. “He’s going to be the new Frank Sinatra after this,” says a source.

In his spare time: wait, what spare time?

Jennifer Aniston Curbs Her Enthusiasm

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Jennifer Aniston gets to Curb Her Enthusiasm in new film, “The Bounty Hunter.” Our pal, Jeff Garlin who plays Larry David’s agent, is joining the film as best friend of Aniston’s co-star Gerard Butler. David Miner of 3 Arts Entertainment put the deal together. Andy Tennant is directing…

Bebe Buell hosts “The Takeover” on 101.9 FM in New York this Sunday night at 7:30pm. Her selections are pretty eclectic and neat, from Spacehog to Allman Bros to the very hot new band Living Things. Buell plays live next Wednesday, the 24th, at the Hiro Ballroom at 9pm…

The same night Buell plays Hiro Ballroom, Diana Krall is at Carnegie Hall (and the night before). What do they have in common? Roc k historians know the answer: Elvis Costello

Emmy voters: HBO’s “The Ladies #1 Detective Club” has not one but two potential nominees: Jill Scott and Anika Noni Rose are tipped for nominations in Best Actress and Supporting Actress in a Drama. “Ladies” was the final project from the late, great Anthony Minghella. The show’s success is a lasting tribute to him.

Walter Cronkite “Not At Death’s Door”: Source

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Beloved newsman Walter Cronkite is “not at death’s door,” says a source who knows the score.

Last night frenzied reports indicated that Cronkite was “gravely ill” and soon to pass away.

But I’ve spoken with someone close to the 92-year-old CBS legend. And here’s the story: “He is not dying. He’s eating, talking, and going outside. When he goes outside he’s in a wheelchair and he has an aide. But he’s 92. He doesn’t have cancer or any other maladies. Just old age. Maybe someone saw him in the park and thought he didn’t look well.”

My source did concede that Cronkite is “failing in the sense that he’s simply old.” It’s unclear how the emergency death watch signal went out last night.

Cronkite, my source assured me, is surrounded by friends and family including his lady friend of the last few years, Joanna Simon, the opera singer and sister of Carly Simon. The Martha’s Vineyard neighbors became close after the deaths of their mutual spouses, and even considered getting married.

And that’s the way it is, as Cronkite would say, for now.

Jamie Foxx Gets a Big Surprise

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How hard is it to actually surprise a celebrity these days? The folks at RCA Music Group really tried hard last night, and it worked. They tossed’ a surprise party for Jamie Foxx on the third floor of the new Armani store on Fifth Avenue. It worked. When Foxx stepped off the elevator, he truly looked shocked.

The occasion was to give Foxx plaques for his mega-million selling album, “Intuition,” and its hit single, “Blame It.” You can see the star-studded video for that track here.

“Blame It” featuring T-Pain was No. 1 on the R&B charts for 12 weeks. Now it’s a pop hit. Foxx manages to fit all this in, mind you, between movies. He’s also a Best Actor Oscar winner. And he does a great Obama imitation.

He told a funny story last night in front of all the record company people who made “Intuition” a success, including his music manager Breyon Prescott and his everything-else manager Marcus King. He was on TV in “In Living Color” doing skits. He was playing a transvestite in a skit, but wanted to get a tape of his music to Teddy Riley, who was on the show that week.

(L-R) Breyon Prescott, Jamie Foxx, Marcus King

(L-R) Breyon Prescott, Jamie Foxx, Marcus King

“I ran up to him in costume. He saw this big muscular transvestite coming at him, and he said, You know I feel very uncomfortable right now.”

Foxx noted that if he’d become a hit singer back then, his career would probably be over by now. “Instead, here I am.”

And here’s a little news: even though “Intuition” was released just this past December. and Foxx has plenty of singles left on it, he’s set to put a whole NEW album together come this December. If it’s half as good as the current CD, and the one before it, “Unpredictable,” we can’t wait.

And oh yeah: Clive Davis was not there because he’s working with Harry Connick, Jr. on an album that’s supposed to be “amazing.” Nevertheless, Jamie never forgets that it was Davis who put him on stage at his annual pre-Grammy bash a few weeks before Foxx won his Oscar for “Ray.” Foxx was a smash hit, and surprised the crowd as a musician and singer. The rest, as they say, is history.