[Updated] Court Says McGraw Can Split From Curb, Label Releases Single Anyway

McGraw onstage earlier this year.

[Updated 4:45 p.m.]

Hours after a Nashville judge ruled that Tim McGraw was no longer contractually obligated to Curb Records, the label released a new McGraw single to radio.

Delivered via digital distribution system PlayMPE, Curb sent out the McGraw tune “Better Than I Used To Be.” The email blast states that the track is going for immediate airplay, and is the first new music from the singer in 11 months.

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[Original post]

Tim McGraw is no longer a Curb Records artist, according to a ruling made this afternoon (11/30) in a Nashville courtroom. This judgement leaves the superstar free to release music via another label or situation.

He first signed with Curb in 1992.

Chancellor Russell Perkins made the ruling in Davidson County Chancery Court following a four-hour proceeding. McGraw and wife Faith Hill were in attendance.

Today’s decision is part of ongoing lawsuits between McGraw and Curb Records, which will play out during a trial this July.

Representing McGraw in the courtroom was attorney William Ramsey of Nashville firm Neal & Harwell.

GRAMMY Noms Concert Tonight

Nominations in select GRAMMY categories will be revealed tonight (11/30) during a concert special on CBS, airing from 9 – 10 p.m./CT. Jason Aldean, Sugarland and The Band Perry are among those set to perform on The GRAMMY Nominations Concert Live!!—Countdown To Music’s Biggest Night.

The telecast takes place at the Nokia Theatre L.A. Live, where other performers on the docket include Rihanna, Usher, Lady Gaga, Ludacris, and host LL Cool J.

The LA Times reports that last year’s program drew a meager 5 million total viewers, down 20% from the 2009 telecast (Nielsen).

For the first time, tickets to the 2011 show were available to be purchased by the public.

The GRAMMY Awards will be presented Feb. 12, 2012.

Margaret Durante To Perform At WMBA’s Tunes For Tots

The annual Tunes for Tots Fundraiser, presented by the Women’s Music Business Association, will be held from 6-8 p.m. at The Listening Room Cafe on Tues., Dec. 6. The writer’s round will feature many singer-songwriters, including Margaret Durante, whose debut album is slated for release early in 2012 on R&J Records.

Admission to the event is free with an unwrapped toy or cash donation for Toys for Tots. All proceeds and toys will be delivered directly to the Toys for Tots foundation by members of the United States Marines, who will be present at the fundraiser.

For the past seven years, Tunes for Tots has packed out popular venues throughout Nashville, including Tin Roof, 3rd and Lindsley, 12th and Porter and many others. For more information about the fundraiser visit www.wmbanashville.org.

Parallel Music Publishing Signs First Writer

(L-R) standing: Tim Hunze, C.T. Wyatt; seated: attorney Chip Petree, Blake Chaffin

Parallel Music Publishing has announced Blake Chaffin as the first songwriter to join its Nashville roster. Chaffin is a graduate of Kansas State University who moved to Nashville in 2002.

“To have someone believe in you is incredible,” says Chaffin. “This is a dream come true and I can’t wait to see what’s next.”

“Blake has great ideas, strong melodies and a passion for writing,” says Tim Hunze, who heads up Parallel Music Publishing. “History has proven that those are the makings of a great songwriter. Parallel is thrilled that we signed him before someone else did.”

Parallel Music Publishing is a division of the Los Angeles-based Parallel Entertainment, which opened its full-scale Nashville operation in August. The publishing company is a partnership between Hunze, Parallel Founder/CEO J.P Williams, and Nashville office head C.T. Wyatt. The company’s LA roster includes comedians Jeff Foxworthy, Larry the Cable Guy, Bill Engvall, and Lisa Lampanelli as well as music acts like Zella Day and Warner Music Nashville’s Dean Alexander.

ACM Revamps New Artist Category

The Academy of Country Music announced today a single combined, overall category for New Artist of the Year. The New Artist of the Year award absorbs all newcomer categories including New Male Vocalist, New Female Vocalist, New Vocal Duo, New Vocal Group, New Solo Vocalist and New Vocal Duo or Group categories from past years, and the winner will be revealed on the live telecast at the 47th Annual Academy of Country Music Awards. The Awards are to be held next spring on an as-yet-unannounced date.

The top eight artists from the first round of ACM professional voting will be considered semi-finalists and will compete via the Great American County (GAC) fan vote at GACtv.com, combined with the ACM professional membership vote, to determine the final 3 nominees for the Award. The final three nominees will compete for the trophy, with a combined fan and professional membership vote to determine the winner.

Nominees for the Academy of Country Music Awards will be revealed in February 2012 at a date to be announced. For more information on ACM Awards criteria, click to download http://www.acmcountry.com/awards/votingcriteria.php.

Darius Rucker to Perform At GRAMMY Artists Revealed Show

Darius Rucker

Darius Rucker will perform at the fourth installment of GRAMMY Artists Revealed presented by MasterCard, on Tuesday, Dec. 13, at the Highline Ballroom in New York City.

GRAMMY Artists Revealed is part of a series created to celebrate musical excellence and diversity throughout the year by providing music fans an opportunity to see artists perform in an intimate storytelling format.

“I am honored The Recording Academy asked me to ‘reveal’ my musical journey,” said Rucker. “The prestige of winning GRAMMY Awards has opened many doors for me, and I look forward to sharing the experiences that have led me to where I am today.”

As part of MasterCard Priceless New York, MasterCard will be holding a sweepstakes on its Facebook page where every day until Dec. 7, ten cardholders will win tickets to the Artists Revealed concert and entry for the grand prize trip for two to attend the 54th Annual GRAMMY Awards on Feb. 12.

As part of Hootie & the Blowfish, Rucker earned two GRAMMY Awards for the band’s 1994 smash hit album, Cracked Rear View.

Black Friday Unable To Reverse Weak Release Schedule

A quick look at our YTD comparison chart (above) shows that it’s seemingly going to take more than Black Friday sales, a big turkey dinner, and this year’s abbreviated release schedule to put country music buyers in a mood to buy more units than last year. The slide from +9.8% to today’s itsy bitsy +.8%  has taken only six weeks and shows faint chance of reversing direction.

Taylor Swift’s Live DVD/CD package hit bins this past week landing in the No. 2 spot with about 77,000 units behind Scotty McCreery who rang registers almost 88,000 times to earn the No. 1 position (again). McCreery’s Idol fans are on a wild sales spree, racking up close to 588,000 units in a scant eight weeks. With five weeks to go, to have the YTD% equal zero, we need to sell 7.84 million additional units for a year end total of 43.72 million. For those math wizards in the audience, it means 1.567 million for each of the remaining weeks. (We actually got close this week shifting 1.38 million.)

Tracks Story 
Like love in the Spring, a young man’s fancy turns to tracks when album sales disappoint. Increasingly, tracks and TEA seem to be where the action is, if not the large profits. Country track sales this week were off slightly from last week (-2%), but clicked in at 2.504 million downloads.

Toby Keith “Red Solo Cup” (62k) and Luke Bryan “I Don’t Want This Night…” (54k) held onto the top two spots again this week. Band Perry “If I Die Young” (43k), Lady Antebellum “Just A Kiss” (39k) and Blake Shelton “God Gave Me You” (36k) filled out the top 5.

Do we need better track sales accounting so we can measure TEA (track equivalent, albums: 10=1) both overall and by artist? Track sales aren’t as profitable as albums, and there is a smaller group of artists that are reaping a majority of the track sales benefits, but despite these issues it seems more likely each week that labels will have to adjust to these new parameters to stay in the game.

Shazam, BMI Evolve Relationship

Song identification outfit Shazam is reacquiring from BMI the Audio Recognition technology and related patents that it uses to identify music. Shazam originally sold BMI these Intellectual Property rights in 2005 to help fund its development. By reacquiring the Intellectual Property, Shazam will integrate the technology more fully into its services, expanding its product set as well as adding to its growing IP portfolio.

Under terms of the new agreement, Shazam will assume ownership of the IP while BMI will retain its full capability in the business-to-business space to use the technology to detect and identify performances of music, and will become a shareholder in Shazam. BMI will continue to include the technology as part of its BMI Recognition Services, layering the audio recognition service with other digital products to measure the use and identity of musical works across a broad spectrum of analog and digital platforms.

Recently Shazam has added more than one million new users every week, with the total number around the globe exceeding 150 million.

Are Music Revenue Streams Drying Up?

2011 has been an eventful year for the music industry and its consumers. Apple’s “big dog” online music retailer, iTunes, remained the king of market share, but as the months rolled on music consumers welcomed a slew of new arrivals.

Amazon’s download store, although not new, benefited by offering ultra low sale prices. For example, it elicited oohs and ahhs from consumers and groans from the industry when it offered Lady Gaga’s newest album for 99¢.

The music space also got a great deal more congested with the arrival of Spotify and its subscription/access model. Instead of buying albums or tracks and owning the files, Spotify says, “Pay us one monthly subscription fee and we’ll give you access to all the music, you don’t need to own it.”

Online streaming radio giant Pandora and others such as Slacker, iHeart and Last.FM also gained momentum with their subscription hybrids as smartphone penetration continued to escalate and automobile manufacturers announced systems that would allow consumers to listen to online streaming radio while driving.

In the midst of these choices, cloud services appeared from Apple, Amazon and Google. (Google also just took the wraps off its new MP3 store tied to the cloud and G+.) These offerings differed as to terms and functions, but basically gave users the ability to upload both previously and newly purchased tracks and then stream them over mobile and desktop computer units.

And to keep observers from becoming complacent about the overall music landscape, Facebook and Google Plus ushered in a new era of social media music sharing, finding ways for users of many of the above named companies to show friends, followers and circles what sounds they were enjoying.

While consumers were trying to take advantage of some of these new functionalities and discover which ones best fit their lifestyles, record labels and DIY artists were also studying the field, feeling perhaps like students getting ready for an exam where the content keeps changing. While it’s exciting to write about and experience a new buffet of choices for enjoying music, to record labels and artists it is a confusing new landscape. What is the best way for music-makers to navigate these seas of change? What should they expect going forward and most importantly, are music’s traditional revenue streams drying up?

Jay Frank

“The largest growth area is going to come to the masters company that thinks more like a publishing company,” says DigSin record label Founder/CEO and author of Futurehit.DNA Jay Frank as he deftly renames record labels into masters companies. “With growth in digital radio, cloud lockers and subscription services, the revenue sources diversify. As a result, the money made from masters will come from those who can successfully place, market and collect from the most places. It’s not just a dollar business going to a penny business as we are seeing in the small royalties from digital airplay. It’s that there will be numerous penny businesses to collect from that will form a sizable whole. Publishers have been doing this for years, and now labels will have to adapt to that way of thinking.”

Frank continues, “From any one pure source, the largest revenue growth in the next five years will come from YouTube. Very quietly, YouTube has become the No. 2 or No. 3 digital revenue source for many indie labels and musicians. They have made great strides fingerprinting and matching, which allows for greater attribution of content. With that, you can also monetize any video that the artist can think up, even if there’s no music involved. People are going to start to figure out how to maximize that stream next year. It will provide sizable revenue gains in 2013 and beyond.”

Pinky Gonzales

Pinky Gonzales, VP West Coast Operations for Bubble Up Interactive thinks, “The biggest move will be toward streamed services, whether you call that ‘the Cloud’ or use individual company names like Pandora or Spotify. And now Google and Apple are getting into the mix. With the Cloud, you upload your own songs and have access to them from any device. With Pandora, Spotify, and others like them, they provide the music and/or let you access their catalogs in addition to your own. On a side note, MyPlay.com, a Web 1.0 “music locker” service led by David Pakman, did exactly this back in 1999. The world just wasn’t ready for it. The real question here is, ‘What does this mean for the artists?’”

Gonzales continues, “Streaming revenues are dramatically lower than revenues from sales of digital music, and especially physical product,” Gonzales continues. “The major labels have been pacified for the moment, but once these contracts are up for renewal, it will be interesting to see what kind of profit there is to show for all these advancements in technology and bandwidth availability.”

Somewhat ominously, Gonzales questions the future of music sales for musicians. “What YouTube did for the music video may well be on its way to happening in the music streaming space,” he says. “High viewership and ubiquitous availability, but very few dollars in exchange. A copyright holder currently receives about $1,000 for every million video plays on a sponsored channel, meaning that to generate a million dollars in gross revenue, one BILLION views are required. Now split that money between your label, manager, bandmates and so-on, and suddenly the whole streaming model looks pretty bleak. That said, there will always be demand for new music, people willing to make it at any cost, and a lucky few that will make enough money to make a real career out of it. As long as there are tickets, t-shirts and tour sponsorships out there to pay the bills, the industry will find a way to support itself.”

David Gales

David Gales, Founder, The Gales Network agrees that lately the industry and technology supporting it have been spinning like an out of control carousel.

“Brands face a marketplace that is running at hyper-speed and morphing constantly,” he says. “I wonder if the lending model that is rolling out in the book space will have traction in the music industry. We have purchase, we have subscription, but not institutionalized lending. Music margins have eroded so much in the last several years. Already there isn’t very much room between 99 cents and free, so I don’t know if a viable paid lending model can be constructed. But anything that gets consumers to pay something is better than paying nothing for music. Also hopefully we will begin to see micro-payments for using music in user-generated content, which continues to be a huge and growing market. Would anyone have a problem with paying 5 cents to use a song on a video of their cat dancing? I personally wouldn’t buy the song ‘Feelings,’ but I might use it in my dancing cat video. Of course publishing reform would have to make this viable. Can’t get 9 cents on a 5 cent payment.”

DISClaimer Single Reviews (11/30/11)

It’s all stars, no waiting, this week as everyone from Princess Taylor Swift to King George Strait and his fellow Hall of Famers Bill Anderson and Dolly Parton are on deck.

Because everyone here is a known quantity, there is no DisCovery Award this week.

One of the most difficult things about this gig is that you’re always comparing apples to oranges. For that reason, there are two Disc of the Day prizes. Craig Campbell is dealing with humor, so he gets the apple. Brantley Gilbert is dealing with heartache, so he gets the orange.

CHRIS CAGLE/Got My Country On
Writer: Kelly Archer/Justin Weaver/Danny Myrick; Producer: Keith Stegall; Publisher: Internal Combustion/Southside Independent/Year9/Music of Stage Three/Songs of Cornman/BMG Chyrsalis/Root 49/Danny Myrick, BMI; Bigger Picture
—Hasn’t this song been written, like, a hundred times during the past few years?

TAYLOR SWIFT/Ours
Writer: none listed; Producer: none listed; Publisher: none listed; Big Machine (track)
—The lyric is one of her better efforts, but the melody isn’t all that memorable. Still, we could use a ballad on our playlists these days.

BILL ANDERSON & DOLLY PARTON/If It’s All The Same To You
Writer: Bill Anderson; Producer: Bill Anderson; Publisher: none listed; Bear Family (track)
—This ultra rare 1963 demo featuring these two Hall of Famers can only be had by getting Bill’s new, deluxe, four-CD boxed set covering the first decade of his stellar career. The then-unknown Dolly sings a duet harmony part that is mixed as hot as Bill’s lead, and the result is pretty dang cool. The song later surfaced as a 1970 chart-topper for Bill and his real duet partner, Jan Howard.

STEVE HOLY/Until The Rain Stops
Writer: Matt Ramsey/Trevor Rosen/Matt Jenkins; Producer: Lee Miller; Publisher: Music of RPM/Sonic Geo/Unfair Entertainment/Songs of BMP/Kobalt, ASCAP; Curb
—Languid and sensuous, with a nifty guitar groove. The production is a little bottom-heavy, but this is a winner.

CRAIG CAMPBELL/When I Get It
Writer: Craig Campbell/Jason Matthews/Jim McCormick; Producer: Keith Stegall; Publisher: Melodies of Bigger Picture/Acoustic Peanut/Steel Wheels/Big Loud Bucks/Matthews Millions/Warner-Tamerlane/Jim McCormick, SESAC/BMI; Bigger Picture
—His answer to the bill collector is, “When I get it, you’ll get it.” His answer to his ex-wife’s demand for money is the same. When he tries to collect a $50 bet from a buddy, the tables are turned. An extremely likable, hard-times, sing-along tune.

GEORGE STRAIT/Love’s Gonna Make It Alright
Writer: Al Anderson/Chris Stapleton; Producer: Tony Brown & George Strait; Publisher: International Dog/Big Yellow Dog/Bucked Up/House of Sea Gayle/Small Fish, BMI/ASCAP; MCA (CDX)
—This lopes along with a steady, gently swaying pace. His burnished baritone is answered by steel licks that pop up throughout the track. In a word, classy.

THE OAK RIDGE BOYS/What’cha Gonna Do
Writer: Steven J. Williams/Will Nance/Sherrie Austin; Producer: Michael Sykes & Duane Allen; Publisher: Magic Mustang/Big Loud Bucks/Smokin’ Grapes/Bilangray/Lil’ Geezer/Rockin’ the Delta/Starboard Left, BMI/SESAC; ORB (CDX)
—Bass man Richard Sterban’s stuttering delivery of the title lines of this bopper is priceless. The rest of the boys are still harmonizing flawlessly. The song is as catchy as all get out.

.38 SPECIAL/Help Somebody
Writer: Kip Raines/Jeffrey Steele; Producer: Danny Chauncey; Publisher: 3 Ring Circus/Songs of Windswept Pacific, ASCAP; .38 Special (CDX)
—These veteran Southern rockers have a true blue-collar lyric here. Despite that and the mid-tempo rhythm, there’s no getting around the “rock” attitude in the performance.

JASON MICHAEL CARROLL/Meet Me In The Barn
Writer: Jason Michael Carroll/Dallas Davidson/Patrick Davis; Producer: Patrick Davis Music; Publisher: Universal-Careers/More Than Rhymes/EMI Blackwood/String Stretcher, BMI; Stray (CDX)
—The cute country girl sure knows how to get his attention when she whispers sweet nothings in his ear. Especially when it’s the title of this romper that she’s whispering.

BRANTLEY GILBERT/You Don’t Know Her Like I Do
Writer: Brantley Gilbert/Jim McCormick; Producer: Dann Huff; Publisher: Warner-Tamerlane/Indiana Angel/Jim McCormick, BMI; Valory (track)
—Sung with pained sincerity, this is easily his most powerful performance to date. Plus, the songwriting and production are both first rate. Hang on for the hushed, anguished vocal passage near the finale.