WARNER FAN SERVICES COMPANY IN MILLION DOLLAR SETTLEMENT OVER PRIVACY RULE BREACHES
A Warner Music subsidiary that runs official online fan clubs for various top pop artists has reportedly agreed to pay a $1 million 'civil penalty' over charges filed by the US Federal Trade Commission that it breached rules in America's Children's Online Privacy Protection Act regards taking personal information from web-users under the age of thirteen without their parents' consent.

The charges relate to online fan clubs that were run by Artist Arena for Rihanna, Demi Lovato, Justin Bieber and Selena Gomez. The FTC says that the sites knowingly took personal data off those twelve or under without securing the 'verifiable parental consent' required under COPPA.

According to the Wall Street Journal, the Warner fan services company has not formally admitted or denied the failings, but FTC member Edith Ramirez told a children's marketing conference in New York this week that the firm had agreed to settle with the Commission by paying a $1 million penalty, deleting all data obtained in breach of COPPA rules, and displaying a link to a government website offering guidance on privacy on all its sites.

According to reports, that settlement deal is still to be approved by a judge, though the Bieber Fever website, the only one of the four sites accused of breaking COPPA rules to still be operated by Artist Arena, is already carrying a link to the government information site in pretty large type. The registration process for that site has also changed, and it's thought under thirteens are no longer allowed to join.

Warner bought a stake in Artist Arena in 2007 before taking complete ownership in 2010, part of the music major's bid to expand, like its rivals, out of the traditional recordings and song publishing strands of the music business, and into other increasingly lucrative parts of the industry. Neither Artist Arena nor Warner have so far commented on the FTC deal.

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NO DOUBT SETTLE WITH ACTIVISION
No Doubt have settled their legal dispute with Activision over the band's involvement in the 'Band Hero' gaming franchise.

As previously reported, although they did a deal with Activision to appear in the pretend-to-play game, No Doubt objected to the way their avatars could be 'unlocked' to play songs other than their own, a complaint made by various other artists who struck up alliances with the various 'Hero' game franchises.

The band said the gaming firm didn't have the right to use their likenesses that way, while Activision argued participating artists were told how their images would be used when negotiating their deals.

However, various attempts by Activision to have No Doubt's lawsuit dismissed failed, and it's thought it turned out that the contract between the band and the gaming firm didn't explicitly mention the 'unlocking' element of the game, making the issue less clear cut than perhaps Activision initially implied.

Either way, with the case due to reach court in the next few weeks, a settlement was reached on Monday, according to the Associated Press. The terms of the deal are not known and neither side has commented on the arrangement as yet.

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SESSION GUITARIST BIG JIM SULLIVAN 1941-2012
British session guitarist Big Jim Sullivan died on Tuesday, it was announced yesterday. His wife Norma told the BBC that he had died peacefully at their West Sussex home. He was 71.

Born James George Tomkins in Uxbridge, Middlesex on Valentine's Day 1941, Sullivan began playing guitar when he was fourteen and went on to become one of the most in-demand session musicians of the 60s and 70s, due to his versatility, playing many different styles of music. As a result he played on over a thousand top 20 singles, including 55 number ones.

His first success came when, at the age of seventeen, he joined The Wildcats, fronted by Marty Wild. It was from there he began working as a session guitarist, playing on up to three recordings every day.

Amongst the musicians he worked with in the studio were David Bowie, Stevie Wonder, Ella Fitzgerlad, The Walker Brothers, Shirley Bassey, Donovan, Dusty Springfield and Engelbert Humperdinck, as well as recording and touring with Tom Jones for a number of years in the early 70s.

He also spent time as resident guitarist on both 'Ready, Steady, Go!' and 'Top Of The Pops', and in the late 80s began composing and recording music for film and TV.

More recently, in 2003, he formed the BJS Duo with Doug Pruden, but by 2005 had ceased performing live due to ill health.

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CLASSIC BRITS PRESENTED
The Classic BRITs took place in London town on Tuesday night, and look, here is a list of the winners. The awards show, hosted by Myleene Klass, will be broadcast on ITV1 on Sunday night at 10.15pm.

Female Artist: Nicola Benedetti
Male Artist: Vasily Petrenko
Breakthrough Artist Of The Year: Milos Karadaglic
International Artist Of The Year: Andrea Bocelli
Composer Of The Year: John Williams
Critics' Award: Benjamin Grosvenor

Album Of The Year: Andre Rieu - And The Waltz Goes On
Classic Brits Single Of The Year: Military Wives/Gareth Malone - Wherever You Are

Lifetime Achievement Award: John Williams

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MUMFORD & SONS ENJOY RETAIL AND STREAMING SUCCESS
Having shot to number one in the US album chart this week after selling 600,000 units, Spotify has revealed that the new Mumford & Sons album has also been streamed via its player eight million times in America alone, making it by far the most streamed long player on the platform in first week of release.

Many have also noted that those stats together show that major listening of a new record on the streaming service doesn't necessarily stop mega-sales of the album on CD and via download stores.

Spotify's Chief Content Officer Kenneth Parks told the LA Times that the album's eight million streams were more then three times higher than those of the previous 'first week streaming' record holder, adding: "Our streaming numbers sit alongside a very healthy sales volume. We're living in a new age. There isn't a single model of consumption for recorded music".

A spokesperson for Spotify told CMU that 'Babel' had also been the most streamed album in the UK, where it also went straight to number one in the album chart, though they did not give exact figures.

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SMITHS STILL NOT GETTING BACK TOGETHER
I know we agreed yesterday not to mention that whole Smiths reunion rumour ever again, but I think the quote issued to Rolling Stone yesterday on behalf of Morrissey is worth a mention.

"The Smiths are never, ever, ever, ever, ever, ever, ever, ever going to reunite - ever".

Right, now seriously, let's never speak of this again.

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JOSH FREESE CONFIRMS A PERFECT CIRCLE DEPARTURE
Drummer Josh Freese has confirmed his departure from American rock supergroup A Perfect Circle, with whom he has played for thirteen years. He said on Twitter on Tuesday that he has "no plans of returning" to the band, which is led by Tool frontman Maynard James Keenan and guitarist Billy Howerdel.

A Perfect Circle have just one headline live show in their schedule at the moment, in Las Vegas in December, as well as a booking for next year's Soundwave Festival in Australia - it's not clear what the band's plans are regards a replacement drummer. Meanwhile it's thought Freese will continue to play with Sublime With Rome, who he has been performing with since the start of the year.

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CHERRYTREE TO REISSUE TATU DEBUT
It's been ten years since tATu first began masquerading as lesbian schoolgirls, and as such Cherrytree Records/Universal Russia are re-releasing Lena Katina and Yulia Volkova's 2002 debut album '200km/h In The Wrong Lane', aka "the one that had 'All The Things She Said' on it'".

According to this press release, the LP is "cited by music journalists as one of the best pop albums", a bold claim that I assume is missing an "of all time" (rather than "in December 2002").

Naturally, the reissue will have added extras; in this case a spare '200km/h' demo titled 'A Simple Motion' and a brand new 'All The Things She Said' remix by Gaga/Britney/Shakira collaborator Fernando Garibay. I hope it also still includes the original version of 'All The Things She Said' in Russian, cos that's better than the English one. What? It is!

It's out on 12 Nov.

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WILLIS EARL BEAL SHARES FREE EP
Acousmatic sorcerer Willis Earl Beal is giving away free digital copies of the soundtrack to his new animated film, 'Principles Of A Protagonist'.

The five-track EP, which has the same title, is available via this BitTorrent link. And fortunately (in contrast to, say, Death Grips' new LP) the free release has the blessing of Beal's label, XL Recordings imprint Hot Charity.

'Principals Of A Protagonist' the movie will debut on www.willisearlbeal.com later in the month, but in the meantime here is its trailer.

Tracklisting:

Away My Silent Lover
Sambo Joe From the Rainbow
Evening's Kiss
Swing on Low
Cosmic Queries

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MEMORY TAPES TO RELEASE NEW RECORD
After time spent doing something he defines as "chaotic reaching", Memory Tapes maestro Dayve Hawk has drawn a new long player from the opposing sides of his mind. He has titled it 'Grace/Confusion', and will release it via Carpark Records on 3 Dec.

He says: "I've always explained Memory Tapes as 'pop music as field recordings'. I decided to showcase a kind of chaotic reaching. I don't think the record is flat-out shooting in all directions though, because I kept trying to rein it in as much as I embraced it. That's why I called it Grace/Confusion".

Ah, now I see. Now see this tracklisting, and play penultimate LP track 'Sheila'.

Neighborhood Watch
Thru The Field
Safety
Let Me Be
Sheila
Follow Me

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MAIN ATTRAKIONZ ATTRAKT LP HYPE
Having so far shared the majority of their music via free mixtapes, Bay Area rap types Main Attrakionz have at last - and it's taken about seven years - recorded a debut LP for official release.

'Bossalinis & Fooliyones', as features a guest appearance by ice cream-loving MC Gucci Mane, is out via Young One Records on 22 Oct.

This is the video for the duo's new single 'Do It For The Bay', which is also free to download via this link.

Tracklisting:

Green On Sight
Liquor Runs
La Piñata
LFK
Take U There
Cloud Life
On Tour
Sex In the City
Superstitious (feat Gucci Mane)
24th Hour Hour
Wings (feat Shady Blaze)
Rainy Days (feat Mon$ta)
Bury Me A Millionaire
Zoney Nights
Cloud Body

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BOOK TO CELEBRATE 125 YEARS OF COLUMBIA RECORDS
Sony-owned label Columbia Records will celebrate its 125th anniversary next year, and a book will be published tracking the music company's long history called '360 Sound: The Columbia Records Story'.

Written by Sean Wilentz, the book will begin with the company's origins in the late nineteenth century, capitalising on the then new phonographic inventions to launch a business selling commercial music recordings, through to its modern incarnation as a major label within the Sony group, profiling many of the artists, producers and label execs who worked with the company over the years.

The book will be published by Chronicle Books in November, while Columbia Records will release a box set featuring Wilentz's book, another profiling 263 of the label's recordings, and a USB stick containing said tracks.

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TOP OF THE POPS TOUR CANCELLED
A new stage show built around the 'Top Of The Pops' brand has been cancelled, and not because of the scandal currently escalating around the iconic BBC show's most famous presenter, but simply because of poor ticket sales.

As previously reported, the people behind the Michael Jackson tribute musical 'Thriller' hoped to create a generic pop tribute musical show, with singers and dancers reliving moments of the UK's one time flagship pop programme, and audience members voting on their favourite songs. The stage show was officially sanctioned by the BBC as owner of the 'TOTP' brand.

But it seems the world isn't ready for such an extravaganza, even with Sam and Mark booked to host. Cancelling previously announced tour dates, producer Derek Nicol told the Beeb: "Ticket sales have so far been disappointing and we have taken the difficult decision to cancel the tour. We apologise for any inconvenience caused and wish to reassure anyone who has purchased a ticket that they can obtain a full refund from the point of purchase".

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KATE NASH ADDS LONDON SHOWS
Kate Nash has set herself a couple of relatively modest-sized live dates, the first a spookily-timed one at Hackney Picturehouse on All Hallows' Eve (ie 31 Oct), and the other at The Shacklewell Arms the following night. So, by all means attend or don't. But whatever you do, don't 'Under-Estimate The Girl'.

Tickets available here.

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MATTHEW DEAR TO TOUR
Electronic artist Matthew Dear has acquired many new things since releasing his last LP, 2010's 'Black City', and he'll be showing several of them off on tour in promotion of his also new record 'Beams'.

Says Dear, appraising his post-'Beams' haul: "A new band, a new album, a new live show, an overflow of unreleased material, remixes to work on, a new house in the woods, a happy dog, a loving wife, and a wish list of synthesizers. In other words, positive change surrounds me, and it is creatively inspiring".

So whilst we all reel with envy, why not take a distracting look at the relevant live dates:

1 Dec: Birmingham, Hare & Hound
1 Dec: Manchester, Warehouse Project (DJ Set)
2 Dec: Manchester, Deaf Institute
3 Dec: Bristol, Exchange
5 Dec: London, Fabric

Oh, and the video for 'Beams' single 'Earthforms'.

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FESTIVAL LINE-UP ADDITIONS

FREEZE, Battersea Power Station, London, 26-27 Oct: Scratch Perverts, Jacob Plant, Phuture Phunk, Urban Knights, Crooked Cats, Loud Minority, Plastic Thumbs, Jay Da Funk, DJ Natty. www.relentlessfreeze.com

LONDON REMIXED FESTIVAL, various venues, London, 24 Nov: Ska Cubano, Monster Ceilidh Band, Gypsy Hill, Los Chinches, Afriqoui, Wara, Horndog Brass Band, Kidnap Alice, Cut A Shine. www.londonremixedfestival.com

MANCHFESTER 2.5, Kraak Gallery, Manchester, 8 Dec: Crazy Arm, Bangers, Calvinball, Wooderson, The Dauntless Elite, The Arteries, Pure Craft, Leagues Apart, Doctrines, The Brogue Kicks, WexHappenedxNext, Esoteric Youth. www.manchfester.com

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COOKING VINYL GROUP LAUNCHES NEW US DIVISION
The London-based CV Group has announced the launch of CV America, which will streamline the music company's various US activities. The new division will "provide strategic services within the territory for the entire Group", which includes the Cooking Vinyl record and publishing companies, and the Essential distribution and marketing services business. CV America will be led by Erik Gilbert, who has run Essential's US business since last December.

Commenting on the new CV Group division, and in particular its ambitions in the music publishing space, Gilbert told CMU: "The creation of CV America makes complete strategic sense for the entire organisation, especially with the Group's expansion into licensing and label services. As well as administering Cooking Vinyl publishing activities in the USA, we will also have a budget to sign writers and represent them throughout the world. On that front, there will be exciting announcements in the months ahead".

Paul Kinder, MD of Cooking Vinyl Publishing, added: "CV America is an important development for the CV Group. I am particularly excited about the possibilities that will open up for our writers and artists having our own publishing company in the USA. Erik understands the publishing world very well and will provide an excellent service to both our UK and USA rosters over the coming years".

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FUELED BY RAMEN CO-FOUNDER TO BECOME COO OF INTERSCOPE
Universal Music has announced that John Janick, who for the last sixteen years has led the US label he co-founded, Fueled By Ramen, has been recruited as the new President and COO of its US-based Interscope Geffen A&M division. He will report to IGA CEO Jimmy Iovine.

Confirming the appointment, Iovine said in a statement: "I'm really excited to have John come on board as President and COO; he's exactly what we needed at this time. Everything he accomplished at Fueled By Ramen reminded me of the early days of Interscope. Combine that with John's experience running a bigger company at Elektra, and it makes him the perfect fit for us".

Meanwhile Janick himself said: "I'm looking forward to what lies ahead for Interscope Geffen A&M, and I'm thrilled to be working with Jimmy Iovine. Because he is here, I would not have gone anywhere else. I've been entrusted to help build this company for the future. Interscope Geffen A&M has great artists and great employees. It's fantastic to be joining a company that has been built on such exciting artists and music; that's something I intend on continuing".

It is thought Janick will take over some of Iovine's responsibilities in his new job, the IGA CEO having other distractions these days, mainly his judging role on 'American Idol' and his involvement in the Beats Electronics business.

What the appointment means for Fueled By Ramen isn't clear. The label has operated as a subsidiary of Warner Music in recent years, and three years ago Janick took on a secondary role within the Warner Music Group as co-boss the Elektra label.

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MCGEE TALKS MORE ABOUT NEW MUSIC VENTURE PLANS
Alan McGee has spoken some more about his plans to set up a new label, telling Louder Than War that it will take at least six months to get something off the ground, not least because he hasn't yet decided quite what exactly it is that he will be getting off said ground. Though whatever his new venture ends up looking like, it won't be called Creation.

McGee: "I have loads on my plate right at this moment and we want to get this set up properly. We are keen to make a vehicle for music; we are just not sure what the vehicle is at the moment, with the collapse of old style record labels. We are coming up with a new idea of how to do this. I suppose in some ways we are trying to reinvent the wheel. Luckily my lawyers and the people who want to do this with me are all super smart".

On a name for the new venture, he says he feels the Creation thing "has been done", adding "it's not 1999, this isn't a nostalgia exercise, we have some serious backers wanting to do it".

McGee hinted at plans to launch a new music company in a couple of interviews earlier this summer, though he said that he had film and book projects to get out of the way first.

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LIVE NATION BOSS TO BRIEF LIBERTY MEDIA INVESTORS
Live Nation CEO Michael Rapino will make a presentation at an investor meeting of US media group Liberty Media next week it has been confirmed.

Liberty Media, led by John Malone, currently owns just over a quarter of the live music giant, having been increasing its stake for a while, and has a number of its execs on the Live Nation board.

There have been rumours that Malone would like to take complete ownership of the music business, with some commentators noting moves that might indicate Liberty is preparing to sell of some of its existing media assets to fund a Live Nation buyout.

Though whether anything should be read into Rapino's presence at the Liberty Media investor gathering isn't clear - as the biggest single share holder in the live music group, such a briefing from the Live Nation CEO might be expected as routine.

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INFECTIOUS BOSS ADMITS TO 'PHILOSOPHICAL' DIFFERENCES OVER DIGITAL STRATEGY WHEN WITHIN THE MAJOR LABEL SYSTEM
British record industry veteran Korda Marshall has admitted he disagreed with some of the digital policies of Warner Music when he was running one of the major's UK divisions. Marshall left the major in 2008, subsequently relaunching the indie label he had run in the 1990s, Infectious Music.

In an interview in the TW:Guide to next week's City Showcase festival in London, published earlier this week, Marshall says of his decision to leave Warner: "As soon as the then Warner UK chairman Nick Phillips left and a few releases slipped, I knew they [the Warner Music top guard in the US] had their sights on me, but by that time I'd been ground down a bit by Corporate America anyway. I philosophically disagreed with their protectionist digital strategies and the accountants appeared to be running the company and making the decisions. Plus I'd been there eight years by this point, and I was fifty years old, and felt it might be time to move aside for the youngsters".

He adds that when he initially left Warner Music it wasn't his plan to relaunch his former indie label, and that the motivation for that came when Australian music business veteran Michael Gudinski, whom Marshall had worked with when running Mushroom UK, introduced him to the first signings to version two of Infectious, The Temper Trap.

Says Marshall: "After a month planning a round the world trip I got nervous, and then Gudinski rang me up and asked if I could check out his new band The Temper Trap, as there was a lot of interest in them in the UK and the States. I went and saw them and fell in love with them. By chance the next day my current business partner Michael Watt called to see what I was up to, and offered to finance a new label. So the day after that I met up with my old colleague Pat Carr, who agreed to work with me again, and three years later here we still are, and still in business!"

Marshall will be in conversation as part of the City Showcase workshops programme on Friday 12 Oct at 4.30pm at the Gibson Guitar Studio on Rathbone Street. You can get free access to that and most other City Showcase events if you register for a free wristband in advance here.

The full interview with Marshall is in the TW:Guide to City Showcase, published by CMU's sister site ThisWeek London. Read the interview on the City Showcase website or in the digital version of the full TW:Guide.

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BASCA CEO STEPS DOWN
The CEO of the British Academy of Songwriters, Composers And Authors, Patrick Rackow, has announced he is stepping down for personal reasons.

BASCA's Chairman Sarah Rodgers told reporters: "Patrick joined BASCA in 2002 as an External Director to the Board. In 2008, on the departure of Chris Green, Patrick was appointed BASCA CEO. In the four years he has been in the role, Patrick has ably represented composers and songwriters in the political arena at home and abroad and has been particularly effective as spokesperson for the European Composer And Songwriter Alliance. We are sorry to see Patrick go and will miss his knowledge and expertise. Our best wishes go with him for the future".

Recruitment of a new CEO is now underway, meanwhile COO Vick Bain will oversee the Academy's affairs.

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BIEBER'S ON STAGE VOMIT BLAMED ON COWS
So, Justin Bieber has confirmed reports that his on-stage throw up last weekend was down to that lethal combination of spaghetti bolognese and milk, eaten together before his show. It's a Canadian tradition, apparently. Spaghetti and milk that is, not vomiting in front of thousands of people. I certainly don't remember either Bryan Adams or Celine Dion doing that. Anyway, here's the Bieber discussing his onstage sickness with TMZ.

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