BMI Appeals DMX Rate-Court Decision

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BMI has filed an appeal of the DMX decision issued by Judge Louis Stanton, BMI’s rate-court judge to the United States Court of Appeals for the Second Circuit, the company announced today. BMI’s appeal on behalf of its songwriters, composers and music publishers will seek reversal of a court decision that, according to DMX’s outside counsel, will allow DMX to “pay fees approximately 65% lower than those sought by BMI.”

“On behalf of our songwriters, composers and music publishers, we will not allow this ruling to stand without an appeal,” said Del Bryant, BMI President & CEO. “Our writers and publishers should not be expected to lose more than half of their income from DMX based on the court’s erroneous holdings, which substantially reduce the value of their creative efforts.”

U.S. Performing Rights Organizations have a long history of negotiating performing right license agreements on behalf of songwriters, composers and music publishers with market leaders in the commercial background music service (CMS) industry, of which DMX is a part. The court noted in its decision that, except for DMX, nearly the entire CMS industry accepted the BMI form agreements. However, the court rejected these marketplace benchmark agreements and instead relied on a small number of direct licenses negotiated by DMX that set fees at a deeply discounted level. The court record contained substantial evidence that these direct licenses did not represent an appropriate BMI license fee.

The DMX direct-license agreements provided for a $25 annual per-location license fee (for both BMI and ASCAP music). The prevailing market rate before the court decision for both BMI and ASCAP music was more than $77 per location — more than three times the reduced value set by the court.

The appeal is expected to be taken up by the Court before the end of 2010.

Hall of Fame Spotlights Wynette

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On Saturday (8/21) at the Country Music Hall of Fame® and Museum, visitors were treated to a panel discussion on the life and career of Tammy Wynette. The nearly two-hour program, hosted by the Vice President of Museum Programs Jay Orr, was part of opening weekend activities for the new exhibition, Tammy Wynette: First Lady of Country Music, Presented by Great American Country Television Network.

Panelists included engineer Lou Bradley, producer Steve Buckingham, songwriter and producer Norro Wilson and legendary session pianist Pig Robbins, all of whom worked with Wynette. A full recap and photos from the event can be viewed here.

(l-r) Jay Orr, Steve Buckingham, Norro Wilson, Pig Robbins and Lou Bradley (Photo: Donn Jones)

James Otto Is A New Dad

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Amy and James Otto

Warner Bros. Records Nashville artist James Otto and his  wife Amy are proud to announce the birth of their daughter, Ava Katherine Otto. Born Tuesday night at 9:23 pm at a Nashville-area hospital, Ava Katherine came into this world weighing 8 lbs., 2 oz. and is 19 1/2 inches long.

“We can’t believe Ava is finally here! She is beautiful like her Mama and I am already wrapped around her tiny finger. I am so grateful I made it home in time to be here for her arrival–it has truly already changed our lives,” said Otto.
The singer, who has been on tour with Toby Keith and Trace Adkins this summer, returned home over the weekend just in time for the birth. Otto is set to release a new album on September 14.

Faith Hill Performs For Katrina Victims

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Warner Bros. artist Faith Hill has followed up her Nashville Rising flood benefit with an appearance Tuesday night (8/24) in New Orleans to benefit victims of 2005’s Hurricane Katrina. The singer performed a free concert at the Mahalia Jackson Theater.

“We are here for you still and you are not forgotten,” Hill said. “I feel like it’s my responsibility to give back. When you’ve been given so much, it’s only right that I do what I can to help, if I can.”

Hill said the concert was intended to celebrate how far the Gulf Coast has come since 2005, when Katrina flooded New Orleans and surrounding areas of Louisiana and Mississippi.

The Dirty Dozen Brass Band served as opening act for the concert, and about 2,200 tickets were distributed in New Orleans, Baton Rouge and Lafayette and the Mississippi cities of Biloxi and Jackson.

Hill opened the show with her hits “Free” and “Wild One” before bringing the New Orleans-based Dirty Dozen Brass Band back on stage to join her on “There Will Come A Day.”

“This city inspires great music and sometimes when I get together with my band I never know what will happen,” Hill said. “We want you to just sit back and forget about it all and just have a great time”

“She brought all these people here,” said Lola Russell, a paramedic from New Orleans. “They’ll probably get a room tonight, go out after the concert and pour even more money into our economy. That can’t do anything but help the city’s recovery.”

Hill’s husband, country star Tim McGraw, is a Louisiana native and both are veterans of employing celebrity clout to help raise money or awareness for causes. The couple helped organize the Nashville Rising benefit for Nashville after the city was flooded in early May.

“Sometimes, with celebrity, you can make things happen pretty easily,” said Hill. “My message is, ‘Come to New Orleans and experience this great city.’ Yes, there are places that are still rebuilding and are not quite back yet, but when they do come back, they’ll come back better.”

Owen Opens Sandbox Entertainment

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Longtime record label executive Jason Owen is launching a management firm with Shania Twain as his first client. Today he is announcing the launch of Sandbox Entertainment, a full-service management and entertainment company which will be based in Nashville and open its doors on Sept. 7.

Jason Owen

Owen’s last day as Senior Vice President of Artist Development and Marketing for Universal Music Nashville will be Sept. 3. However, he will continue his nearly decade-long association with the label in a consultancy role, working with Chairman & CEO Luke Lewis.

“Shania and I have been together for over 8 years in my role at UMG and to start this new journey with her is a true privilege for me,” said Owen. “Shania is a true music icon who has broadened country music’s boundaries and brought many new fans to the genre. We have some exciting plans in the works that will expand her worldwide career into new areas of music and entertainment, which will all be revealed very soon.”

While at Universal Music Nashville, Owen developed and implemented successful publicity, marketing and creative initiatives for such chart-topping artists as Sugarland, Reba McEntire, George Strait, Billy Currington, and Laura Bell Bundy.

He launches Sandbox with extensive experience in building and managing campaigns across a wide range of platforms, and is credited for his work on high-level programs for Shania Twain and Sugarland, including producing the hit ABC-TV special, “Sugarland: Live On The Inside.”

Prior to joining Universal, Owen enjoyed an extensive and successful career in television, serving as Director of Marketing and Talent Relations at Columbia TriStar Television. His background also includes stints with Spelling Entertainment and New Line Cinema/Fine Line Features.

“During my time at Universal, I’ve also worked with many of the world’s most talented artists and many of the most dynamic people in the business, most notably, my mentor and friend, Luke Lewis,” added Owen. “I am fortunate to be able to continue my relationship with him and UMG, while branching out with this exciting new venture.”

“Jason has done a tremendous job in helping us to guide the careers of many of our artists,” commented Lewis. “While we are sorry to see him move on, we certainly understand it. We wish him only the very best and are delighted that we will continue to work with him in his consultancy role.”

John Ettinger Launches Firm

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Veteran music industry executive John Ettinger has formed Ettinger Talent Associates (ETA), an artist management and consulting firm. His first clients are Grammy nominated band Emerson Drive and singer Alissa Griffith. Ettinger will also serve as a consultant for various other projects.

“This is an exciting time in our industry, an evolution of what controls country music,” said Ettinger. “To jump into this new-model environment with an amazing group like Emerson Drive and an A-level talent in Alissa is exactly where I want to be. Many artists are searching for representation, advice, and skillful handling of their number one marketing tool, radio. ETA will provide this and more.”

Ettinger’s 20 years in the music business include 14 years with Mercury Records, the last seven as Promotion VP, overseeing promotion for Shania Twain and Toby Keith, and launching multi-platinum artists Sugarland and Billy Currington.

Ettinger joined Disney in 2008 in the role of promotion head for Carolwood Records where he oversaw the launch of trio Love And Theft. He segued to Lyric Street for the same role in 2009. He has served in the management offices for various acts, including The Kentucky HeadHunters. Ettinger holds a B.S. from Cornell University.

He can be reached at john@ettingertalent.com or 615-438-7667.

Martha’s Vineyard Gets Songwriters

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The 2nd Annual Martha’s Vineyard Songwriter’s Festival takes place Sept. 24-25 on the famous island off the Massachusetts coastline. Concerts will take place at Mansion house in Vineyard Haven and at Union Chapel in Oak Bluffs. The festival features a variety of BMI pop and country writers in exclusive lineups and intimate settings. Advance tickets for each show are $25 and can be purchased at www.ticketsMV.com.

Featured performers will include producer/writer Keith Stegall, Tom Douglas, Thom Schuyler, Even Stevens, and a host of others. In addition to the concert part of the reason for the event is to allow the composers to establish new creative partnerships in the retreat-like setting. The second annual Martha’s Vineyard Songwriters Festival is sponsored by BMI, Southwest Airlines, Mansion House, Key West Songwriters Festival, Fury Key West, ticketsMV.com, and Bose.

MARTHA’S VINEYARD SONGWRITERS FESTIVAL VENUE SCHEDULE

Friday, Sept. 24
Mansion House – Vineyard Haven, MA
5-7 PM; MVSWF Kick-Off Party
Hosted by Storme Warren
Tony Roberts           mindflowmusic.com
Phil DaRosa             phildarosa.com

Friday, Sept. 24
Union Chapel – Oak Bluffs, MA
Hosted by Storme Warren
8-9PM
Arama Brown           songspub.com/songwriters.php?id=95
Jeff Cohen                myspace.com/panchoslament
Toby Lightman        tobylightman.com/

9:15-10:30PM
Thom Schuyler        thomschuyler.com
Laura Warshauer   laurawarshauer.tumblr.com
Even Stevens

Saturday, Sept. 25
Union Chapel- Oak Bluffs, MA
Hosted by Storme Warren
8-9PM
Mayaeni                   mayaeni.com
Shane Stevens         myspace.com/shanestevensmusic
Courtney Jaye          courtneyjaye.com

9:15-10:30PM
Tom Douglas            myspace.com/tomdouglassongs
Kylie Sackley           myspace.com/kyliesackley
Keith Stegall             keithstegall.com

ACM Adds SVP Teresa George

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The Academy of Country Music has hired Nashville-based veteran music executive Teresa George as Senior Vice President, Brand Integration & Strategic Partnerships. This forms the ACM’s first internal branding and corporate promotional outreach department. George will report directly to ACM Executive Director Bob Romeo.

“Teresa has been an important part of the ACM team for a long time, and we’re thrilled to have her on board as an executive staff member,” said Romeo. “Her work has always elevated the level of ACM brand integrations and with her reach, the Academy’s strategic partnerships can only continue to grow.”

George has worked on the Academy’s television properties and strategic initiatives, through her entertainment marketing company Cornerstone Communications, since 2000. During that time, she has secured corporate and promotional partners including Dr Pepper, The Home Depot, Cover Girl, The RAM Truck Brand, Las Vegas Convention & Visitors Authority, Miller/Coors, Neutrogena, Southwest Airlines, Westwood One, Justin, Wrangler and more.

“I have really enjoyed working with Bob, the Academy staff and board over the past decade as we have focused on reinvigorating and elevating the ACM brand,” George said. “In both the music business and in television, strategic and corporate partnerships have become even more crucial over the past few years. I look forward to creating more synergies for the Academy in this new staff role.”

Prior to forming Cornerstone Communications in 2000, George held executive positions at the Country Music Association for 12 years, including Senior Director of Communications and also creative consultant for the CMA Awards.

Amy Cannon, previously with George at Cornerstone Communications, has also been hired by the Academy and will assume the role of Coordinator, Brand Integration & Strategic Partnerships. Both positions will be based in Nashville, TN.

George and Cannon can be reached at teresa@acmcountry.com and amy@acmcountry.com, respectively or via phone at (615) 383-5522.

Singer Bill Phillips Passes

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Country singer Bill Phillips, best known for his hit “Put It Off Until Tomorrow,” and for playing a pivotal role in Dolly Parton’s early career died yesterday, Aug. 23. He was 74.

Parton co-wrote and sang on “Tomorrow,” which helped her garner enough attention to land a record deal.

When Phillips came to Nashville he signed with Cedarwood Publishing and Columbia Records. But his biggest success came at Decca Records, where he had two top 10 hits in 1966: “Tomorrow” and “The Company You Keep,” both written by Parton and her uncle Bill Owens. Phillips also reached the Top 10 with 1969’s “Little Boy Sad.” Among the hits he wrote that were recorded by others were Webb Pierce’s “Falling Back To You.”

Phillips was also a frequent guest on many television shows, including those headed up by Porter Wagoner, Bill Anderson, and Parton. He was also part of Kitty Wells and Johnny Wright’s TV show and touring troupe from the late ‘60s until 1984.

Nashvillians Help Revive Fame Studios

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Muscle Shoals, Alabama’s renowned Fame Studios, its publishing company, and record label are experiencing a revival. Hit Nashville songwriter Brad Crisler has signed with House of Fame Publishing, where Music Row veteran Steve Williams has been hired on as Creative Director.

For Crisler, it is a return the publishing company where he had early success. His credits include cuts by Tim McGraw, Brooks & Dunn, Rascal Flatts and Kenny Chesney, as well as the hits “Sweet Southern Comfort” (Buddy Jewell) and “Hillbilly Deluxe” (Brooks & Dunn).

Williams brings his two decades of experience to Fame, including time at Arista Nashville and later as Creative Director at Sea Gayle Music.

Throughout the 1960s, artists that recorded at founder Rick Hall’s Fame Studios included Aretha Franklin, Little Richard, and Otis Redding. Decades of hits followed with The Osmonds, Bobbie Gentry, Jerry Reed, and Shenandoah laying down tracks at the southern soul studio. Since its inception, Fame has been involved in projects selling over 350 million copies worldwide.

Williams can be reached at 603 East Avalon Avenue, Muscle Shoals, AL 35661; steve@fame2.com.