DMX Wins Rate Court Lawsuit Against BMI

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DMX, Inc., a leading provider of commercial music services, has won a rate court proceeding against performing rights organization BMI. On Monday (7/26), a federal district judge in New York ordered BMI to provide DMX with an adjustable fee blanket license that allows DMX to license music directly from music publishers and writers.

The decision could portend a shift of many more music performances out of the hands of ASCAP, BMI and SESAC and into direct licensing deals with publishers and writers. The decision could potentially change the landscape of performing rights in the US. The majority of music users currently use a blanket license from from either BMI, ASCAP or SESAC. The adjustable fee blanket license gives copyright owners the ability to directly license their own content and is expected to put pressure on performing rights organizations to reduce their fees and increase transparency in the face of this new competition.

Attorney R. Bruce Rich, who represents DMX, describes the court’s decision as “a gratifying affirmation of the role of the rate court as a means of establishing meaningful alternative license structures to the blanket license. The Court’s implementation of a sensible crediting mechanism against blanket license payments otherwise owing where a user such as DMX has made significant investments in direct licensing should have broad application for other industries.”

“We strongly disagree with the court’s decision in the DMX case, which ignores the long history of Performance Right Organization (PRO) licensing agreements in the background music industry,” BMI said in a statement. “We are examining the decision in depth and evaluating the basis for an appeal.”

For more on this decision…from Digital Music News

UMPG Signs Darius Rucker

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Pictured L-R: Manager Doc McGhee, Pat Higdon (President, UMPG Nashville), Darius Rucker, Ron Stuve (Vice President, Creative, UMPG Nashville ), Frank Rand (McGhee Entertainment), Scott McGhee (McGhee Entertainment).

Universal Music Publishing Group (UMPG) today (7/27) announced the signing of an exclusive, worldwide publishing agreement with Darius Rucker. The songwriter and artist built a strong career with Hootie & the Blowfish and in 2008 launched a notable solo career in country music. His UMPG publishing agreement encompasses all of his writing for his country debut Learn To Live plus his future solo work, including his project Charleston, SC 1966, due out Oct. 12 via Capitol Records Nashville.

Rucker’s Learn To Live has sold nearly 1.5 million copies. It produced three hit singles (“Don’t Think I Don’t Think About It,” “It Won’t Be Like This For Long,” and “Alright”) that reached No. 1 on the Billboard Hot Country Songs chart. All of the songs were co-written by Rucker. “Come Back Song,” the first single from Rucker’s second album was recently released to radio and is No. 18 on MusicRow’s Country Breakout Chart after just four weeks.

“We are so excited to add Darius Rucker to our roster of chart-topping songwriters,” commented Pat Higdon, President, Universal Music Publishing Group Nashville. “He is a great singer and a gifted songwriter and has quickly carved his own niche with Country music fans. ”

In the U.S., Darius Rucker has sold over 20 million albums – both as a solo artist and as a member of Hootie & the Blowfish. In 2009, Rucker won top CMA honors and was named “New Artist of the Year” and “Male Vocalist of the Year.” The singer is currently performing on Brad Paisley’s H20 Tour.

Rucker is managed by Doc McGhee who is known for managing legends such as KISS and Bon Jovi. UMPG also publishes the KISS catalogue and Bon Jovi.

RAM Writer’s Group Signs Will Rambeaux

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Seated (L-R): Will Rambeaux and Doug Merrick. Standing: BMI's David Preston

Doug Merrick has formed a new music publishing company called RAM Writer’s Group and has signed hit songwriter/producer Will Rambeaux as the flagship writer for the outfit.

“Will and I have been associates for years, and when I decided to form RAM Writer’s Group I knew he would be a great asset to the new company,” says Merrick.

Rambeaux’s songs have garnered many BMI Most Performed Songs of The Year awards, as well as several BMI “Million-Air” awards. He has written numerous Top 10 and No. 1 hits for artists such as Faith Hill (“Wild One”), John Michael Montgomery (“How Was I To Know,” “Hold On To Me”), Patty Loveless (“Can’t Get Enough”) and Kathy Mattea (“Nobody Gonna’ Rain On Our Parade”). As a producer, Rambeaux has also helmed four albums for singer/songwriter Sherrie Austin.

RAM Writer’s Group can be reached at 615-799-5534.

BMI, ASCAP and Songwriters Hall Set Awards Dates

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Nashville’s annual country music awards season is beginning to take shape with BMI, ASCAP and the Nashville Songwriters Hall of Fame announcing dates for their annual awards events.

BMI announced today (7/21) that the 58th annual BMI Country Awards will take place Tuesday, November 9 at the company’s Music Row offices in Nashville. The black-tie, invitation-only gala is the oldest awards ceremony saluting country music’s top songwriters.

Hosted by BMI President & CEO Del Bryant, along with Nashville Writer/Publisher Vice President Jody Williams and Assistant Vice President Clay Bradley, the BMI Country Awards will salute the songwriters and publishers of the top BMI country songs played on American radio and television during the previous year. The organization will also bestow prestigious honors on the genre’s Songwriter of the Year, Publisher of the Year and most-performed Song of the Year, also known as the Robert J. Burton Award.

The evening will culminate with the presentation of the BMI Icon award to a country legend who has rendered “a unique and indelible influence on generations of music makers.” The Icon recipient will be announced in the coming months.

With more details to be announced in the next couple of weeks,  ASCAP has announced a date and venue change for their annual ASCAP Country Awards. This year’s event will take place on September 14 at the War Memorial Auditorium in downtown Nashville.

The Nashville Songwriters Hall of Fame 40th Anniversary Dinner & Induction Ceremony, presented by AT&T, will be held Sunday, Oct. 17, at the Renaissance Nashville Hotel. Sponsored by the Nashville Songwriters Hall of Fame Foundation, the event will feature special performances of inductees’ songs, as well as the Nashville Songwriters Association International’s annual awards for “The 10 Songs I Wish I’d Written,” as selected by the organization’s Pro Songwriters Division. Reservations will go on sale in late August and will be available by contacting event director Mark Ford at [email protected] or 615-256-3354. More details will be announced in the weeks ahead.

Brumley Publishing Signs Jill King

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Artist/songwriter Jill King has signed an exclusive publishing deal with the Brumley Music Group. King, who enjoyed indie success with her 2003 single, “One Mississippi,” is currently touring in support of her latest release, Rain on Fire.

(standing l-r) John Leal of Brace Management, BMI’s Bradley Collins, and Terence Burke, Creative Manager, Brumley Music Group. (seated l-r) Brumley Music President Bob Brumley, King, and Dave Durocher, VP Brumley Music Group.

Syncs Help Sony/ATV Fight Slump

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Sony/ATV Music Publishing Nashville Pres./CEO Troy Tomlinson

This week’s announcement that Treehouse Records was being folded into Stroudavarious Records was the latest in a string of label changes which also included the shuttering of Lyric Street and Golden Music. In the changing environment, publishers like Sony/ATV are turning efforts to alternative income streams.

It’s not hard to calculate how the drastic drop in album sales is hurting publishers. Sony/ATV Nashville Pres./CEO Troy Tomlinson explains the chain reaction like this: “Fewer labels equals fewer artists which equals fewer albums being made, with fewer cuts and therefore fewer singles.”

In the wake of dwindling singles and sales—traditionally the biggest money makers—Sony/ATV is focusing more efforts on sync licensing as a growing income booster. Tomlinson has been building the then one-man department since he stepped into his current role about five years ago. “Now we have five people in the Nashville office who are responsible for TV, film, and commercials, as well as pitching songs for merchandising opportunities, lyric reprint opportunities, and overall marketing of our songs in more non-traditional ways,” he explains. “We’re fortunate that the Sony/ATV New York and L.A. offices work all day every day with our Nashville office. Once the makers of the film or commercial determine they need a country song to help convey their message, then I have New York or L.A. working immediately with the Nashville team to make our very best pitches for that spot.”

Tomlinson is also keeping an eye out for other burgeoning revenue streams, such as the proliferation of mobile devices. “As more people determine that they want it all in a mobile device, that has to ultimately provide us with opportunities for growth,” he says.

While music outlets and distribution methods are shifting, Tomlinson says the focus remains the same as always. “At the end of the day, we try lots of different things to stimulate revenue, but at the base of all of those, you still have to begin with a great song. You have to trust that the very best songs will be released and move people, which will result in income for the writers and publishers.”

Tomlinson relies on his passion for great music to maintain a positive outlook, but admits the current climate is bleak. “Even with all the things that we’re doing to generate more or new revenue, it won’t in any way in the near future offset what we have lost with regard to physical mechanicals. But, you can either adhere to the notion that the sky is falling, or you can make the very best of what opportunities come your way. We are blessed that we are still in a business that puts out a product that people want. And people want music more than ever, and have easier access to it than ever—although there are still obstacles to work out—I believe that in the long run it will be a positive for publishers and songwriters.”

Kennedy Exits Cherry Heart

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It remains unofficial but MusicRow has learned that longtime industry executive Shelby Kennedy has exited his post as Senior VP/COO of Cherry Heart Music. Kennedy headed the company’s publishing and administration division, which features a catalog of more than 1,600 songs and No. 1 hits for artists including Garth Brooks, George Strait and Charley Pride, among others. Kennedy can be reached at [email protected] or 615-512-7561.

Nashville-based Cherry Heart was originally founded in 1996 by industry veteran Gratton Stephens, and has since grown to include publishing and administration, artist management, a record label and most recently, sports and entertainment marketing.

According to Cherry Heart’s website, one of its business partners is the Sommet Group, which is currently under investigation by authorities.

Knox Peers Into The Future

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(L-R): Kevin Lamb and Michael Knox

Producer and music executive Michael Knox has joined peermusic as Senior Creative Director. Following his string of recent successes in the studio, Knox will maintain his role as a producer, in addition to his new publisher duties. For peermusic, he will focus on identifying and signing songwriters, and working closely with other staffers in sourcing and developing talent globally.

Knox’s career includes ten years (1992-2002) at Warner/Chappell publishing where he signed artist/writers John Rich, Gretchen Wilson, Emily West and Jason Aldean. Knox has scored several major hits as a producer for Aldean, and has credits on numerous recent singles: Aldean’s “Crazy Town,” Josh Thompson’s “Way Out Here,” Montgomery Gentry’s “While You’re Still Young,” Trace Adkins’ “This Ain’t No Love Song,” Chuck Wicks’ “Hold That Thought” and Frankie Ballard’s “Tell Me You Get Lonely.”

Peermusic VP Nashville, Kevin Lamb, announced the company’s latest hiring. “We are thrilled to have Michael on board,” he says. “Michael and I have been talking about this for some time.

While he’s enjoying great success as a producer, he’s a publisher at heart; he loves working with writers and developing talent. This plays well into our overall strategy for growth as well as Michael’s vision for artist development. More than ever before, it is taking every piece of the artist puzzle to break an artist, or to get a hit on an established artist.”

Peermusic/Nashville has recently purchased several catalogs including Malaco Music, Route Six Music, GrangeHill Music and James Strouds’ WS Music Publishing. They have been honored with SESAC’s Christian Publisher of the Year award for the past three years and received two Dove Awards. Peer’s Nashville based advertising division, overseen by Craig Currier, has provided music for major campaigns with Lincoln, Chrysler, GE, Guitar Hero and Levi’s. Television advertisements currently airing include Volvo and Tostitos.

“Certainly Michael will be a key piece to this puzzle for us,” adds Lamb. “But just as importantly Michael, Craig and I are hoping to utilize our relationships and past successes in the area of advertising to help put this puzzle together.”

“I truly believe,” says Knox, “that the best music out there is music that normally doesn’t get heard. There’s a generation of brilliant talent out there that’s not sure yet where to go or where they fit. Those are the people I want to work with.”

BMG Acquires Stage Three Music

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Lionel Conway

Stage Three Music announced it has signed an agreement that will move its copyrights to Berlin-based BMG Rights Management.

Stage Three is a leading independent publisher run by ex-Virgin and Chrysalis CEO, Steve Lewis. The business is headquartered in London, with offices in Los Angeles and Nashville run by Lionel Conway, former President of Island Music, Polygram Music Inc. and Maverick Music Inc. The Nashville office was headed by Tim Hunze. Ingenious Corporate Finance advised the shareholders of Stage Three on the sale.

Stage Three holds the rights to a variety of contemporary compositions performed by Aerosmith, David Essex, Duffy, The Eagles, Eminem, Eric Clapton, Inner City, James Morrison, Johnny Hates Jazz, Mike Oldfield, Rascal Flatts, Take That and ZZ Top. Music rights include well-known compositions “Walk this Way”, “You Get What You Give”, “Gimme All Your Lovin’”, “La Grange”, “Baker Street”, “Dream On”, “Good Life”, “Sing For The Moment” and 60 country music number one singles. The writer roster includes leading Nashville songwriters Brett James and Bobby Pinson and superstar writer producers Steve Robson, Bernard Butler and Andrew Frampton.

Stage Three is BMG’s third investment of significant size made in 2010 and follows the acquisition of Cherry Lane and the Adage IV catalogue in the US. BMG is a joint venture between the international media company Bertelsmann and an affiliate of Kohlberg Kravis Roberts & Co., a leading global alternative asset manager.

“It is tremendously important to us to increase our foothold in the UK – the hottest and most competitive music market in the world,” Hartwig Masuch, CEO BMG, said upon signing of the transaction. “Stage Three Music is an iconic music publishing business and one we are very pleased to be buying, not only because of its elite roster of writers but also due to its pro-active approach towards licensing, which perfectly supports our thinking and growth strategy.”

Steve Lewis, CEO Stage Three Music added: “It’s been a privilege to work with such a talented group of colleagues and writers. I’m grateful to our investors for their support and very proud of our achievements and the catalog we’ve assembled over the past seven years. BMG have been very professional purchasers. I’m confident the company is in good hands and I look forward to seeing continued growth under their ownership”.

Ash Street Signs With Bluewater For Admin.

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Bluewater Music has announced the signing of a worldwide administration and creative placement agreement with Ash Street Music. Ash Street’s extensive catalog includes  songs penned by Monty Holmes, Greg Crowe, Ronnie Laws and Andi Zack, as well as singles from George Strait, Randy Travis, Josh Thompson and Will Hoge.

(l-r) Peter Roselli, Bluewater COO; Tom Gould & June McHugh, Ash Street co-owners; Rob Baker, Ash Street attorney.