Appelate Court Denies Curb’s Request For Injunctive Relief in McGraw Case

On Tuesday (9/25), a Tennessee Court of Appeals in Nashville upheld a 2011 Chancery Court decision to deny Curb Records’ request for a preliminary injunction to bar Tim McGraw from joining another record label.

At least for the time being, McGraw will be able to continue making music at his new label home Big Machine Records.

Curb Records’ original injunction request to be denied claimed the loss of McGraw caused the label to suffer irreparable harm. In the appeal, Curb argued that “breach of an exclusive personal services contract by a unique and exceptional performer constitutes irreparable harm.”

While the court agreed that McGraw was “unique” and “exceptional,” it upheld the original decision on the grounds that the “requested injunction would essentially place McGraw in a position of choosing between the end of his recording career or the indefinite continuation of a relationship with Curb that has become contentious.”

The court also maintained the opinion that Curb Records did not own the new recordings (including current single “Truck Yeah”) that McGraw has made as a Big Machine Records artist. As both parties agreed to an injunction hearing with no evidence, allowing a trial on the matter would prevent McGraw from moving forward in his career, a result which the court found “inappropriate.” This opinion gives McGraw ownership of recordings made after December 1, 2011.

Curb Records issued a statement addressing the court’s decision, saying “The fundamental issue in this case is whether Tim McGraw fully performed under his contract with Curb Records. That issue has yet to be ruled on by any court, and will be the subject of a full trial on the merits scheduled for later this year.”

The label originally sued McGraw in May 2011, and McGraw followed shortly after with a countersuit of his own. Curb argues that McGraw breached his contract by recording Emotional Traffic “even before the 2009 release of his previous album (Southern Voice) and without consulting Curb Records as to the contents of this record.” McGraw’s suit maintained that the material was recorded in 2009-2010 and that Curb was preventing its release to keep him on the roster indefinitely.

Faith Hill to Debut New Single in Social Sphere

Faith Hill is set to debut her new single and lyric video for, “American Heart,” during a live chat with Twitter fans on September 30. The single, from her forthcoming album, will be simultaneously released to Country radio.

The social media event will take place prior to NBC’s Sunday Night Football, at 7:00 pm ET where fans can tweet questions to the hashtag #AskFaith.

“This song inspires,” says Hill. “It grabs a hold of a very special place that we all have in our hearts. We wanted to do something special for our fans who have been so supportive of me through the years – something a little different and something just for them. No better way than the socials.”

“American Heart” was co-written by Jonathan Singleton and Jim Beavers, co-produced by Byron Gallimore and Hill, and recorded at Blackbird Studios in Nashville.

A :30 clip of the song can be previewed here.

First Performers Revealed For CMA Awards

The star-packed lineup for The 46th Annual CMA Awards launches with today’s (9/26) announcement that Jason Aldean, Dierks Bentley, Kelly Clarkson, and Little Big Town are the first performers confirmed for “Country Music’s Biggest Night™.” Hosted for the fifth year by Brad Paisley and Carrie Underwood, the show airs live from the Bridgestone Arena in Nashville, Thurs., Nov. 1 (8:00-11:00 PM/ET) on the ABC Television Network.

Aldean holds the current title for CMA Album of the Year for My Kinda Party and Musical Event of the Year for “Don’t You Wanna Stay” with Clarkson. This year, he picked up nominations for Entertainer, Male Vocalist, and Single of the Year for “Dirt Road Anthem,” produced by Michael Knox.

Bentley received three nominations for Album of the Year for Home, produced by Brett Beavers, Luke Wooten, and Jon Randall Stewart; Single of the Year for “Home,” produced by Beavers and Wooten; and Song of the Year for “Home,” written by Bentley, Beavers, and Dan Wilson, lead singer of Semisonic.

Clarkson makes her debut in the Female Vocalist of the Year category this year.

Vocal Group nominee Little Big Town made a splash this year with “Pontoon,” which is in the running for Music Video (directed by Declan Whitebloom) and Single of the Year (produced by Jay Joyce).

The third and final ballot will be emailed to CMA members Thurs., Oct. 4. Voting for the CMA Awards final ballot ends Mon., Oct. 22 (5:00 PM/CT).

No. 1 Party: Love and Theft’s “Angel Eyes”

Pictured (L-R) Front Row: Co-writer Eric Paslay, Stephen Barker Liles and co-writer Eric Gunderson of Love and Theft, co-writer Jeff Coplan. Back Row: Cal IV Entertainment's Daniel Hill, EMI Music Publishing's Josh Van Valkenburg, Rockapop Music's Robert Ellis Orrall, ASCAP'S Mike Sistad, producer Josh Leo, Sony Music Nashville's Gary Overton and RCA Nashville's Keith Gale. Photo: Ed Rode.

Love and Theft celebrated its first No. 1 “Angel Eyes,” the first single from the duo’s self-titled RCA Nashville album, at ASCAP yesterday (9/25).

The ceremony also marked the first No. 1 for co-writer (and band member) Eric Gunderson, who penned the song with Eric Paslay and Jeff Coplan. For Paslay, it marked a rare triple-play achievement for landing 3 No. 1 songs in one calendar year (“Even if it Breaks Your Heart,” and “Barefoot Blue Jean Night”).

“Paslay started as an intern for us,” said Cal IV’s Daniel Hill. “He’s been doing a pretty good job.”

“[ASCAP] was the second building I walked in to on Music Row 10 years ago,” said Paslay. “This 29th year of my life has been life changing.”

Recognition was also given to Sony and the RCA promotion team as Gary Overton and Keith Gale took the stage.

“I have been up here for a few awards, and I have had it stop for a while,” said producer Josh Leo. “It feels great to be up here again.”

EMI Publishing’s Josh Van Valkenburg shared sentimental stories of the two band members.

“Thank you Stephen [Barker],” said Gunderson of his band member. “He has been my partner in crime. Sometimes literally.”

“It has been a long road for us and we stuck it out together,” said a tearful Barker. “Jim Catino wanted to sign us before we went to Lyric Street. So, thank you for your willingness to sign us again.”

“I think of these two guys as sons,” said songwriter Robert Ellis Orrall, who offered plaques and sentiments to the band from Rockapop Music.

Bill Mayne presented No. 1 trophies from the CRB, Lon Helton offered plaques from Country Aircheck, and Brandi Simms bestowed the new CMA medallions.

Loretta Celebrates 50 Years at the Opry

Pictured (L-R): Steve Buchanan (President Grand Ole Opry Group), Trace Adkins, Lee Ann Womack, Crystal Gayle, Angaleena Presley, Loretta Lynn, Miranda Lambert, Ashley Monroe, Pete Fisher (VP/GM Grand Ole Opry). Photo: Chris Hollo

Loretta Lynn looked and sounded like Country music royalty yesterday evening (9/25), as she celebrated 50 years of membership with the Grand Ole Opry, to a sold-out audience at the Opry house in Nashville.

Lynn, who received the Country Music Association’s first Female Vocalist of the Year in 1967, was joined onstage by family and friends who received similar recognition by the organization, including her sister Crystal Gayle (1977-78), Lee Ann Womack (2001), and Miranda Lambert (2010-11).

Guest performer Bill Anderson reminisced about his own 50-year anniversary in 2011. Gayle performed the first No. 1 song written by sisters Lynn and Peggy Sue Webb, “Don’t Come Home A’ Drinkin’ (With Lovin’ on Your Mind).” Womack turned in her version of “I Know How.”

Before officially debuting on the Opry stage with her girl group Pistol Annies, Lambert performed “Honky Tonk Girl.”

“We call [Loretta] the alpha omega Annie,” said Lambert on behalf of her bandmates Ashley Monroe and Angaleena Presley, who paid tribute to the legend with “Fist City.”

For the first half of the show Lynn watched on from the theater’s front row. But as the legend prepared side stage, as she did for her 1962 induction, emcee Bill Cody reminded the audience, “Tonight, we are going to make Country music history.”

Lynn’s voice was as strong as her spirit as she skipped center stage for performances of “They Don’t Make ‘Em Like My Daddy,” “You Ain’t Woman Enough,” and a duet with Trace Adkins, who took Conway Twitty’s part on “Lead Me On.”

Opry General Manager Pete Fisher recognized the icon’s contributions by presenting her with a handcrafted 18-karat pink and gold diamond watch by Johnathon Arndt.

Finally, the Opry’s “Honky Tonk Angel” (as Fisher called her) invited her female vocalist friends back to the stage for a revival of her signature hit “Coal Miner’s Daughter.”

“I spent the night in the car out front of the old Grand Ole Opry,” recalled Lynn of her first Opry experience with husband Oliver “Doolittle” Lynn. “We were so poor, the next morning we divided a doughnut and got our picture made in front of it. I was so nervous I don’t remember anything other than tapping my foot to the songs.”

When asked her secret, Lynn joked, “Well, I’m good! In sincerity, hard work. You have to live a life before you can write.”

Thankfully, that life has been commemorated through her own words and melodies. She remains radiant and dignified, continuing to make Country music history, even today.

Musicians Corner to Release First Album

Musicians Corner, Nashville’s free weekly lawn party in Centennial Park, will release its first album, Live at Musicians Corner, Vol. 1, on Tuesday, October 2.

The album features 16 artists recorded live in Centennial Park during Musicians Corner’s 2011 season, including folk legend Nanci Griffith.

“Americana has given voice to many artists previously overlooked so it was a great joy to be a part of the AMA Festival’s Musicians Corner event in beautiful Centennial Park last year,” said Griffith, whose song “Love at the Five and Dime” appears on the album. “I’m honored that a song of mine from that performance is helping to present more free music in the park.”

Eleven Nashville artists appear on the album, including Brooke Waggoner, Matthew Perryman Jones, Drew & Ellie Holcomb, Amy Stroup, Damien Horne, Steve Moakler, The Vespers, Humming House, Daniel Ellsworth & The Great Lakes, Madi Diaz, and Colorfeels. The album also features Louisville cellist Ben Sollee, Nathan Angelo, Micah Dalton, and American Idol Top 5 Finalist Matt Giraud.

“We began recording Musicians Corner performances last year to preserve the musical history we are creating in Centennial Park,” said John Tumminello, Executive Director of Musicians Corner. “We plan on releasing ongoing albums featuring selections from those performances to raise money for Musicians Corner.”

Live at Musicians Corner, Vol. 1 CDs can be purchased at Musicians Corner’s free music events in Centennial Park on Saturdays from 3 – 6 PM through October 27. CDs can also be purchased online at MusiciansCornerNashville.com, and digitally through iTunes, Amazon and other online retailers.

Musicians Corner will host an album release concert at 3rd & Lindsley on Sunday, November 4 featuring Nathan Angelo and Colorfeels. The concert will air live on Lightning 100 as part of its Nashville Sunday Night series. Tickets are available at 3rdandLindsley.com.

The Cowboy Rides Away: George Strait’s Final Tour

George Strait is preparing for his last rodeo, but not retirement. The Cowboy Rides Away Tour, his final full-scale outing, was announced today (9/26) during a special press event at the Country Music Hall of Fame in Nashville. Strait, known for his limited promotional appearances, entered and exited the room to a standing ovation. “It’s been a hard decision for me to make, but I’ve decided I’m not going to tour anymore after these next two years,” he said. “Don’t think I’m retiring, because I’m not. I’m still going to make records as long as Mike [Dungan] will let me.”

The tour will run through 2014, with the first leg opening Jan. 18 in Lubbock, Texas. Martina McBride, who joined him at the press conference, will be his special guest. “I get to see 21 George Strait shows,” she enthused, “After my set, I’m going to be hanging out front-of-house and drinking wine with Norma.” Among the dates is a stand-alone concert timed to coincide with the Houston Livestock Show and Rodeo, which will also include the Randy Rogers Band, and the tour-closing June 1 show in his hometown, San Antonio. Otherwise, Strait chuckled, “There’s no telling who might show up.”

Strait celebrated his 60th birthday on May 18, and said he had long planned to evaluate his touring situation at that age. He wants to spend more time with his new grandson, play golf and fish. “This is going to be a very special, emotional tour for me,” he admitted. “Everywhere we’re going holds fond memories and I’m looking forward to paying my respects.” For years he’s closed his shows with the song “The Cowboy Rides Away,” his 1985 hit penned by Sonny Throckmorton and Casey Kelly. Strait recalled singing it to former President George Bush on the President’s final weekend at Camp David before leaving office.

UMG Nashville’s Dungan assured, “This is not a retirement party.” In fact, Strait is heading into the studio next month.

A celeb-stacked video opened the event in the Ford Theatre, with each star recalling how Strait impacted their lives. For Taylor Swift, it was an early-career opening spot on his tour, and him surprising her at her first rodeo show. For Jamey Johnson, it was a pre-record-deal episode of drinking too much and trying to join Strait onstage, until Birmingham police let him know that wasn’t a good idea. Ronnie Dunn stated, “I wanted to be George Strait.” Kenny Chesney said Strait heavily impacted his touring career, and Reba recalled end-of-tour parties with King George donning silly wigs along with the rest of the crew.

Longtime promoter Louis Messina called him “King Dude,” and said, “If it wasn’t for George Strait I wouldn’t be here today. He taught me how to treat and respect an artist.”

When asked about career longevity, the Hall of Famer summed it up, “The most important thing is the song. That’s what this business is all about.”

The event also streamed live on GeorgeStrait.com and Strait’s Facebook page.

Strait has had 59 No. 1 songs, earned more than 60 major industry awards, and sold over 65 million albums. He is the only artist in music history to achieve at least one Top Ten hit each year during his 30-year career and was only the second artist at the time (after Eddy Arnold in 1966) to be inducted into the Country Music Hall of Fame (2006) while still actively releasing hits.

George Strait fan club members will have an opportunity to purchase tickets beginning at 10 a.m. in each venue’s respective time zone on Oct. 9, 2012, and tickets will go on sale to the general public beginning Oct. 12 (same time zone restraints apply). Ticket prices start at $69.50 and may be purchased at www.georgestrait.com.

The Cowboy Rides Away 2013 Tour Dates

Jan 18 Lubbock, Texas, United Spirit Arena
Jan 19 Oklahoma City, Okla., Chesapeake Energy Arena
Jan 25 Salt Lake City, Utah, Energy Solutions Arena
Jan 26 Nampa, Idaho, Idaho Center
Jan 31 Sacramento, Calif., Power Balance Pavilion
Feb 1 Fresno, Calif., Save Mart Center
Feb 2 Las Vegas, Nev., MGM Grand Garden Arena
Feb 15 St. Paul, Minn., Xcel Energy Center
Feb 16 Grand Forks, N.D., The Alerus Center
Feb 22 Buffalo, N.Y., First Niagara Center
Feb 23 Hartford, Conn., Xl Center
Mar 1 Knoxville, Tenn., Thompson-Boling Arena
Mar 2 Lexington, Ky., Rupp Arena
Mar 17 Houston, Texas, Houston Livestock Show And Rodeo
Mar 22 Greenville, S.C., Bi-Lo Center
Mar 23 Greensboro, N.C., Greensboro Coliseum Complex
Apr 5 Albuquerque, N.M., The Pit
Apr 6 Las Cruces, N.M., Pan American Center
Apr 12 N. Little Rock, Ark., Verizon Arena
Apr 13 New Orleans, La., New Orleans Arena
Jun 1 San Antonio, Texas, Alamodome

Weekly Register: Digital Divide Becoming Key Metric?

Today’s sales report “soundbyte” is contained in the weekly grid boxes below—country YTD album sales ticked slightly lower (-1.6%), the format’s digital album sales as a percentage of total country sales was mostly flat, and the Digital Divide is predicted to continue throughout the fourth quarter. Digital Divide? Yes, the difference in digital vs. physical sales rates among various country artists and their fans.

There has been a lot of discussion about the rate at which country consumers are adopting the digital album format. Country’s “heavy” sales season will fast be upon us, specifically new CDs from Jason Aldean (10/16) and Taylor Swift (10/22) whose admirers should show themselves to be above average mouse-clickers. Will these two debuts reset the bar for digital purchases?

According to Nielsen SoundScan, country digital album sales YTD are 27% of total country album sales (week ended 9-23-12). Last year at this time that metric was 20.5%. (For all genre music the metric is 39% YTD vs. 32.4% a year ago.)

Today, with physical shelf space rapidly declining countrywide, the digital storefront is becoming increasingly critical. But as the term Digital Divide suggests, not all artists share in the digital bounty equally, a fact likely to accelerate roster changes as the industry continues to evolve.

A quick look at our Digital Album Sales By Artist example shows the divergence among artists. Zac Brown Band after half a million RTD albums has 46% digital share. Carrie Underwood fans are also purchasing digital format above the 27% average. It’s too early to draw conclusions, but surprisingly, Little Big Town sales (after only two weeks) are leaning strongly physical. Normally, debut week brings a higher digital percentage. For example, this week we have country debuts from Easton Corbin (No. 2; 29k) with 47% digital; Dwight Yoakam (No. 3; 19k) 37% digital, Big & Rich (No. 4; 16k) 27% digital and Ryan Bingham (No. 7; 12k) 58% digital.

Low digital scans could be attributed to several reasons including pricing, but for the immediate future it appears that having a mobilized digital fan base is becoming incrementally more important than ever. When fans can’t easily find their favorite artist’s new music on neighborhood shelves, then sales suffer, UNLESS they are comfortable shopping at their favorite neighborhood online store—iTunes, Play, Amazon or Google.

Artists like Taylor Swift (FB: 34 million; Twitter: 19 million) and Jason Aldean (FB: 6.3 million; Twitter 700k) with passionate online armies are perfectly positioned for the next sales phase.

(Check out MusicRow’s Country Artist Twitter-Facebook chart for more artist info.)

Weekly Register: Taylor Swift, Hunter Hayes Romance?
Hunter Hayes and Taylor Swift make a great couple. I mean chart-wise, of course. Because this week they appear as country’s Queen and King in the top 2 positions on the country tracks chart. Taylor adds a demure 196k downloads this week and Hayes gains a substantially less demure 91k. Don’t look for this chart-top romance to continue, however, because Swift’s just released “Begin Again” track is already No. 1 on iTunes and sure to claim marquee status next week.

Swift’s appeal is so mainstream, her songwriting so inspired and her charisma so powerful that I sometimes wonder if Nashville bizniks realize what we are witnessing firsthand. She ranks with the best of the best and I’ll boldly state that you will never ever ever see another Nashville artist play on this level during your industry tenure.

The country tracks Top 5 also includes Carrie Underwood “Blown Away” (No. 3; 76k), Little Big Town “Pontoon” (No. 4; 63k) and Florida Georgia Line “Cruise” (No. 5; 60k).

Emmylou and Mumford & Sons Collaborate on ‘CMT Crossroads’

Worlds will collide when beloved English folk rockers Mumford & Sons share the stage with beloved Country Music Hall of Famer Emmylou Harris on the latest edition of CMT Crossroads.

The musical entities met for the first time in Nashville and collaborated on the group’s hits “The Cave” and “Awake My Soul” as well as Harris songs “The Road” and “Orphan Girl.” CMT Crossroads: Mumford & Sons and Emmylou Harris premieres Thursday, Sept. 27 at 8 pm/CT.

Mumford & Sons (comprised of Ted Dwane, Ben Lovett, Marcus Mumford, and Country Winston) became a global sensation with the 2010 album Sigh No More, featuring hit singles “Little Lion Man” and “The Cave.” The group’s latest album, Babel, is in stores now.

Emmylou Harris previously appeared on Crossroads in 2003 opposite Dave Matthews. Over the course of her lengthy career, she has secured her position as a highly influential artist across numerous genres. Her latest album is the Jay Joyce-produced Hard Bargain from 2011.

“Moon River” Crooner Andy Williams Passes

Andy Williams

Andy Williams, the singer and television star known for the classic “Moon River,” died last night (9/25) at his home in Branson, Mo. He was 84 and had been battling cancer.

Henry Mancini and Johnny Mercer penned “Moon River” which first grew to notoriety in the 1961 Audrey Hepburn film Breakfast at Tiffany’s. Williams’s performance of the song on the next year’s Academy Awards solidified it as his own.

Williams’ repertoire also includes the timeless songs “Love Story,” “The Way We Were,” “The Most Wonderful Time of the Year” and “Can’t Take My Eyes Off You.”

His career grew with the musical-variety television series The Andy Williams Show, where he used “Moon River” as the theme song. His guests on the show ranged from established artists Judy Garland and Bobby Darin, to then new faces Elton John and the Mamas and the Papas. He introduced the Osmond Brothers to a national audience. Williams’ show was one of the first to delve into comedy skits, and his Christmas specials were very popular. The Emmy winning series ran from 1962 to 1971 on NBC.

More from the New York Times.

Ray Stevens with Andy Williams. Stevens said, "Andy Williams was one classy guy. He was a marvelously talented and generous performer who in 1970, entrusted his nationally acclaimed TV Show and audience to a green kid from Georgia. That kid was me and he changed my life. Thank you Andy and God Bless your wife Debbie, your brother Don, who was my longtime manager, your children and entire family. We miss you already!"

Andy Williams with Ray Charles.