BRITISH THREE-STRIKES DISCUSSED IN CANNES, AND CLOSER TO HOME
The boss of record label trade body the BPI said yesterday that he remained confident the often controversial Digital Economy Bill could make it through parliament before the General Election, adding that while the three-strikes provisions in it aren't as speedy or strong as he'd have liked, if activated this year the UK record industry could start to see tangible benefits.

Geoff Taylor was speaking on a MIDEM panel on different approaches to tackling piracy. As much previously reported, many doubt the Digital Economy Bill - the copyright section of which is most relevant to the music industry - has any chance of getting through parliament before this year's General Election, which has to be held before 3 Jun but seems more likely to be staged a month earlier than that.

While the Bill is in parliament already there is still someway to go before it can become law. Crucially, it's being heard first in the Lords, meaning it will move to the House Of Commons with an election very close. That means it will be discussed at a time when those pesky MPs are more sensitive than ever to emotive predictions (by those who oppose the legislation and its anti-piracy three-strike provisions) of innocent families losing their internet connections thanks to a heavy handed record industry. And while the Tories are seemingly generally in favour of the DEB's copyright-based proposals, they have issues with other parts of what is a rather eclectic bit of legalisation. Basically it is not assured that this Bill will glide through the Commons on the nod.

Nevertheless, Taylor told MIDEM "timing is very tight but on balance I think we will get it", adding, with tongue slightly in cheek: "We're doing everything we can to convince Gordon Brown he doesn't need an election just yet".

According to Billboard, Taylor said that he wished the more draconian parts of the three-strikes system - ie the suspension of persistent file-sharers - would kick in quicker than 2011, but added: "If in the course of this year millions of letters go out to file-sharers, that will have an impact on the business. We think the government is wrong to wait on further measures but maybe for political reasons it's taking an easier course".

As Taylor was talking up the bill in Cannes, one of its most vocal and well-funded opponents, the boss of internet service provider TalkTalk, was in Westminster trying to persuade political types to oppose the legislation. As previously reported, TalkTalk's Charlie Dunstone hates the idea of having to tackle copyright infringers on the record industry's behalf, mainly because of the costs involved in operating three-strikes and the PR challenge of suspending the services of paying customers.

Yesterday in a TalkTalk-sponsored event in Westminster, Dunstone insisted to the MPs and Lords who had swung by for coffee that his anti-three-strikes campaign was about protecting consumer rights and not protecting his company's profits. Unfortunately for him one of the key lobbying groups he brought with him - and probably the most high profile campaigners for consumer rights in the UK, the Which magazine people - don't especially agree with Charlie boy's position.

As previously reported, Dunstone argues that if the record companies reckon one of his customers is illegally file-sharing then they should sue that customer directly through the courts - ie launch lawsuits like the 139 pursued by the BPI between 2003 and 2006, and the 30,000 plus lawsuits pursued by the Recording Industry Association Of America during the last decade. But such lawsuits don't work for all sorts of reasons. Plus the record industry would argue that a system that begins with a stern but informative warning letter sent to a file-sharer via his or her ISP is more consumer friendly that a system that begins with punters on the street being served legal papers by a record company.

And, according to the BBC, Which? sort of share that opinion. BBC technology man Rory Cellan-Jones, who was at the TalkTalk event, writes: "Which? had brought along a couple of innocent victims of just that kind of legal action, people who'd received letters accusing them of illegal file-sharing, despite apparently being innocent of any such offence. The consumer organisation told me the current state of affairs needs sorting out and the system proposed in the Digital Economy Bill, whereby suspected file-sharers would get an 'informative' letter from their ISP rather than a threatening one from content owners, was a good one. The Which? representative also saw no problem with the second stage whereby ISPs would have to impose 'technical sanctions' on suspected illegal file-sharers".

All of which is a bit of an own goal for Dunstone and bad news for those in the anti-DEB camp who position themselves as being not specifically anti-copyright but overridingly pro-consumer rights. Which?'s conclusion on the motives of their hosts yesterday was this: "TalkTalk don't want to do stuff which is going to annoy their customers or cost them money".

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COWELL RECORDS HAITI SINGLE
So, it's been almost like 1984 all over again at Trevor Horn's Sarm Studios this week. Kind of. The studio where the original 'Do They Know It's Christmas?' was recorded (that time in a day) has seen a line of today's pop stars shuffle through the doors since the weekend to sing a bit for Simon Cowell's Haiti-supporting charity single, a cover of REM's 'Everybody Hurts'.

Leona Lewis, JLS, Cheryl Cole, Joe McElderry, Alexandra Burke, Mika, James Morrison and Rod Stewart all graced the studio to add their own contribution, while Michael Buble recorded a bit in a studio in New York and emailed it over. Robbie Williams and Take That are due to add their own vocals later this week. Mika played some piano, too.

Mariah Carey and Kylie Minogue are also rumoured to be taking part, although the BBC entertainment reporter Natalie Jamieson, who is sitting at Sarm keeping an eye on things, makes no mention of them in her report.

The song is expected to be released on 7 Feb, with Cowell and co trying to get everyone who appears on it together to perform the song at the BRITs on 16 Feb, according to The Sun. If that doesn't come off, they'll just show the video, Top Of The Pops style.

In other Haiti charity single news, Justin Timberlake and Matt Morris' cover of Leonard Cohen's 'Hallelujah' has shot to the top of the US iTunes chart, after they performed it at the Hope For Haiti telethon last Friday. The track is taken from a compilation of all the live performances on the George Clooney-organised TV fundraiser, which also includes tracks by Alicia Keys, Coldplay, Sting, Bruce Springsteen, Stevie Wonder, Shakira, Beyonce, Christina Aguilera, John Legend, Mary J Blige, Madonna, Jay-Z, Bono & The Edge, Rihanna and more.

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BAIDU BEAT RECORD COMPANIES IN CHINESE COURTS
Chinese search engine Baidu has won its legal dispute with a number of mainly Western record companies; a blow for the music industry, which felt it had won the upper hand in this battle in more recent years, in part thanks to revisions to China's copyright laws.

As much previously reported, the record companies accuse Baidu of infringing its copyrights by having a special MP3 search facility which provides users with links directly to music files, most of them linking to unlicensed content.

Baidu claimed, as most search engines accused of copyright infringement do, that they don't host any infringing content themselves and can't be held liable for infringement merely by linking to unlicensed sources of music. The labels countered that the Baidu MP3 search had been specifically set up to search for illegal content, and made no effort to filter out unlicensed music, mainly because it had proven to be such a popular service among Chinese web users.

An investigation by UK IT website The Register also claimed that Baidu was more proactively involved in the provision of unlicensed content than it said, with large quantities of the unlicensed content linked to by the search service not accessible via any other route on the web.

Baidu had already fought off one legal challenge by the record companies through the Chinese courts, but following the aforementioned revisions to the country's copyright laws, revisions which proved helpful to the music companies in a similar case against a similar service operated by Yahoo! China, they had a second go in early 2008. It is that litigation that has now been defeated in the Beijing courts. A similar case against another search service called Sohu also failed.

Responding to the rulings, the International Federation Of The Phonographic Industry said in a statement yesterday: "The judgments in the Baidu and Sohu cases are extremely disappointing, and we are considering our next steps. The verdicts do not reflect the reality that both operators have built their music search businesses on the basis of facilitating mass copyright infringement, to the detriment of artists, producers and all those involved in China's legitimate music market".

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TI SUED FOR SONG THEFT
Rapper TI is being sued for copyright infringement. Fellow hip hopper Motoe Blizzid, real name Nathan Filby, claims that TI's 2006 Grammy-winning track 'What You Know' heavily samples his 2004 track 'Reverence'.

In court documents, Filby and production company One LLP claim that they shopped 'Reverence' around various management companies, including TI representatives Relentless Management, meaning TI's people had been exposed to the plaintiff's music. They add that 'What You Know' contains the same 'harmonic range' as 'Reverence' and submitted an algorithm which apparently scientifically proves the theft. Though such algorithms are always rather suspect.

Team TI are yet to respond.

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WARNER/CHAPPELL RE-SIGN THE BUBLE
Music publisher Warner/Chappell has extended its worldwide relationship with tedious crooner Michael Buble, and has stepped up its deal with Buble's musical director Alan Chang.

And if you don't believe me, look, here is Warner/Chappell CEO Scott Francis saying so: "We are honoured to strengthen our relationship with a premiere artist such as Michael Buble and his musical director Alan Chang. Michael is a great performer whose fantastic interpretations of musical standards make it all too easy to forget that he is also a terrific composer with a long list of original credits to his name".

He continued: "I am also pleased to continue our relationship with Alan, a brilliant songwriter in his own right who has collaborated with Michael on some of his most successful works. Together, along with Amy Foster, they have proven themselves to be a truly formidable songwriting team over the past six years".

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BATTLES WORKING ON SECOND ALBUM
Battles have confirmed that they are in the early stages of working on their second album in New York, which they hope to release later this year.

Guitarist Dave Konopka told the NME: "Where we are is really seedy. It reminds me of old school 'Midnight Cowboy'-era New York. Most of that area has been Bloomberged into consumerism, ESPN zones and Broadway shows, but on the outskirts there's little pockets of vice. We're playing right above a jack shop".

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ANIMAL COLLECTIVE PREVIEW 'VISUAL ALBUM'
Animal Collective have released a trailer for their long-awaited "visual album", 'ODDSAC', which premiered at the Sundance Film Festival last week.

Speaking about the film, the band's Avery Tare told the NME: "We tried to make the music go along with the visuals as much as possible. We didn't want it to sound just like a soundtrack, but then we didn't want it to be like a music video either".

Director Danny Perez added: "It's kinda like a psychedelic film, it's not like a narrative film or anything. There are more cohesive moments in it, but then there are some that are a little more abstract".

Watch the trailer here: www.youtube.com/watch?v=2H48VtETngA

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AC/DC TO HEADLINE DOWNLOAD
Download have announced the first batch of acts for this year's festival, the big news being that AC/DC will be one of the three headliners. Also on the bill are Them Crooked Vultures, Deftones, Stone Temple Pilots, Megadeth, Motorhead, Bullet For My Valentine, Wolfmother and Volbeat.

To mark the 30th anniversary of rock festivals at Donington, organisers Live Nation have also announced that the site's capacity will be increased this year, making it the biggest UK festival after Glastonbury.

Live Nation COO, John Probyn explained: "The Donington site and its continuing flexibility should take some of the credit for the longevity and success of both Monsters Of Rock and Download Festival. We are thrilled that our 30 year association with the site will be marked not only with a superb line-up, but also by the expansion of Download 2010 to accommodate more festival-goers than ever".

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SINGLE REVIEW: Sub Focus - Could This Be Real (RAM Records)
Taken from Sub Focus' eponymous debut album, which was released late last year, 'Could This Be Real' has a real early piano house, hands-in-the-air sound to it, before going for some wobbly bass business. The radio edit feels like it's been purposefully overproduced for the Pendulum-loving masses, but the intro stands it apart from other similar artists.

Sub Focus' own drum n bass remix of the track, which tightens a few nuts and bolts, is definitely the best version of the track, and I'm not really sure why this didn't make it onto the album, instead of being relegated to a b-side of the single version. Maybe he found some time to tidy it up after the album's release. The Joker's remix takes it down to dubstep tempo, with a few experimental bleeps in there but nothing groundbreaking, and the supposed 'extended mix' is all of four and a half minutes with no sonic changes.

Along with Pendulum and Chase & Status, Sub Focus is definitely aiming for the 'stadium drum n bass' style, but on the basis of his LP I think he's actually capable of much more than this single. PV

Physical release: 25 Jan
Press contact: Electric PR [all]

Buy from iTunes
Buy from Amazon

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COLLECTIVE DIGITAL LICENSING BACK ON THE MIDEM AGENDA - WILL IT COME TO THE UK?
The aforementioned MIDEM panel involving BPI boss Geoff Taylor also discussed the previously reported French government report which, among many other things, advocated collective licensing for digital music, so that record companies would have to licence their music to digital services through a collecting society in the same way they licence radio and public performance.

As previously reported, French Minister Of Culture Frédéric Mitterrand told MIDEM this weekend that his government would now give the country's record industry a year to voluntarily come up with a plan for collective licensing in the digital domain, and if they failed to do so that he would force such a system on them.

Patrick Zelnik of French indie Naïve and indie-label trade body IMPALA, who co-wrote the French report, was also on this panel. According to Billboard, he told the session that collective licensing would "simplify access" to the digital music market for new and innovative service providers, increasing competition in the sector, to the benefit of consumers and content owners alike.

Noting that "the industry has failed to build a digital market in the last ten years", he said we needed many more new service providers to expand and solidify the digital market that is now slowly emerging, and that it was wrong for the major labels to pursue a licensing system that stopped many of those new providers from entering the market (mainly because the majors tend to demand large upfront fees as part of any licensing arrangement, something collective licensing would not allow).

Taylor reportedly argued that there would be "no call" for such a "regimented, regulatory system" in the UK, because, he argued, "the digital market is functioning very well" here. I suspect those operating the more engaging of the digital music services would not concur, most of them having long term business plans that rely on a dramatic reworking of the way music companies licence their catalogues.

While it is true the UK's digital music market has grown much quicker than in France - that market is still reliant on a handful of operators living off venture capital funding which will one day run out. Both they, and the many great grass roots start-ups currently unable to enter the legitimate market at all, would really benefit from some sort of collective licensing system. And long term, I increasingly think such a system would be in the wider music industry's interest too.

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STEIN AND GOTTEHRER RELAUNCH BLUE HORIZON
One last MIDEM-related announcement, and industry veterans Seymour Stein and Richard Gottehrer used the Cannes fest to announce they are reviving the Blue Horizon record label, the blues label originally run by British record producer Mike Vernon in the sixties, and perhaps best known for releasing the music of Fleetwood Mac.

CBS were Vernon's initial US label partners in his Blue Horizon venture, and as a result Sony Music (who bought CBS Records in 1987 of course) now control the label's original catalogue. However Stein and Gottehrer's Sire Records later bought into the label, and eventually took control of it, spearheading a number of vinyl re-releases of Blue Horizon albums once Vernon had stepped back from the operation.

The all new Blue Horizon label will be a digital only venture, run out of the New York HQ of Gottehrer's more recent music venture, digital distribution set up The Orchard. They will not have access to the Sony-controlled Blue Horizon catalogue, but hope to sign and release new music that employs the original Blue Horizon ethos. Said music will be distributed by The Orchard, though Stein's current employers - Warner Music - may also get involved on some releases.

Gottehrer told Billboard that while both he and Stein were very happy with their current companies, "the real reason for doing this is both Seymour and I want to get back to functioning in a creative way [together] and discovering and working with artists".

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IMPALA PROPOSE NEW WAYS OF FINANCING THE MUSIC INDUSTRY
Pan-European indie label trade body IMPALA has issued a slightly optimistic set of proposals for an overhaul of the way the record industry works financially, and in particular how the wider music community and society at large could and should invest in new talent, and those who discover and nurture new artists.

The new "financial blueprint for music" would involve quite a lot of give on the part of the major record companies, as well as some give on the part of government and tax payers. The indie label community would, obviously, be the beneficiaries of some of that give.

The plan has ten points to it, as follows:

1. A 5% compensation fee to be paid to smaller labels on all future revenues of artists developed at said labels and then signed by a major.

2. A revenue sharing system where a percentage of revenues is re-allocated within the sector on a solidarity basis to fund new music and help small-to-medium-enterprises (SMEs) compete.

3. New international accounting standards to ensure proper valuation of copyright as an intangible asset.

4. 1.5bn euros of European Commission investment for culture per annum, with a new cultural industry EC programme especially for SMEs.

5. The formation of a 'virtual creative industries bank' by remoulding European Investment Bank and European Investment Fund instruments, in particular to provide support through the 'digital shift'.

6. A Europe-wide zero VAT rate for culture online to match the USA, and allow governments to boost access to culture by reducing VAT rates for culture offline.

7. At least one public/private option for cultural SMEs to get their loans guaranteed in each country.

8. National SME-friendly growth finance to be delivered by opening up Research & Development and other tax schemes to music and cultural industries, and adopting specific fiscal incentives such as music tax credits.

9. A pan-European 'experts working group' to bridge the gap between investors and cultural SMEs in terms of communication and expertise.

10. EC intervention to resolve 'double taxation' and withholding tax problems.

Make of all that what you will. Point one is basically proposing the adoption by the music industry of the sort of talent transfer system that works in the football sector, through which the big clubs support the little clubs if and when they find the next big thing in terms of players.

Commenting on the proposals, IMPALA Exec Chair Helen Smith told CMU: "This is a call for action, not only to European and national decision makers but also to the music sector itself. Football and other sports compensate small clubs for two reasons. First, to help them compete because of the huge gap with the big clubs. Second, to reward them for their investment in discovering and developing talent. It's a perfect model for music".

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PEERMUSIC FORM ARTIST DEVELOPMENT STUDIO WITH HOFFMAN
Music publisher Peermusic and songwriter and producer Peter Hoffman, who is behind the German pop rock phenomenon that is Tokio Hotel, have joined together to launch a new production house to be called Hopla Reloaded.

The new operation will sign up new talent - some of it recruited via Peermusic's existing A&R network - and then develop that talent in a bid to create albums that can be shopped to record companies, and possibly other business opportunities in the live or merchandising space.

Peermusic Group chief Ralph Peer told reporters: "With this joint venture with Peter Hoffmann, we will be able to harness new means of discovering and establishing new talents. We will be grooming and advising them with all the experience that Peermusic has to offer".

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NEW MUSIC CONSULTANCY LAUNCHES
The people behind TuneTribe have launched a new consultancy service offering industry advice to artist managers, content owners and emerging artists, ranging from specific advice on certain aspects of an artist's work, to full career planning.

Among the industry experts affiliated to the new service, called Artists Arising, are radio plugger Ron McCreight, A&R man Joel De'ath, former Gronland Records MD Rene Renner, business manager Thomas St John, former Gut Records MD Steve Tandy, [PIAS] sync head Jemma Skidmore and the guys at music industry law firm Collins Long. The operation is headed up by artist manager Meredith Cork (who has worked with the likes of Garbage, Jimmy Miller, Dot Allison and Marcella Detroit) and former Arista Records US executive Lisa DeLuca.

Commenting on the new company, Cork told CMU: "The opportunities that are currently being created by changes within the music industry are enormous. For managers and repertoire owners, Arising Artist can advise both on content and projects and roll out full campaigns without all of the red tape associated with traditional ways of doing business. For emerging talent, Arising Artist provides an affordable way of demystifying the inner-workings of the industry, empowering the artist while also independently advising on their music, live show, digital presence and so on".

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STOKE NEWINGTON TOWN HALL REOPENS
East London venue Stoke Newington Town Hall will reopen this week after more than ten years of disuse. The 73 year old Grade II listed building, which closed in 1999 and has hosted performances by artists including Eartha Kitt, George Melly and local girl Barbara Windsor, has undergone an £8 million refurbishment. Though many of the original features across its two rooms apparently remain intact.

Three days of events are planned between today and Friday, before the venue's official re-opening next month. More info here: www.hackney.gov.uk/snth-reveal.htm

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PRS ENTER INTO PAN-EUROPEAN DEAL WITH ITUNES
PRS For Music has announced it has struck up a pan-European licensing deal with iTunes, which is another move towards achieving the ambitions of the European Commission, and some in the music publishing sector, whereby digital music providers operating in multiple European territories can do so with one licence from one collecting society, rather than having to do separate deals in every country.

As we reported yesterday, despite various moves towards pan-European licensing by both collecting societies and the major music publishers, such multi-territory licensing is, if anything, more confusing now than ever before, though some would argue much of the current confusion is as a result of the whole system being in flux.

Anyway, the iTunes deal. PRS For Music has licensed the performing rights of its entire catalogue to the Apple service for the whole of Europe (such rights are technically needed by a la carte download stores like iTunes, even though there isn't an obvious performance of a song in a download). Perhaps more importantly, the deal also covers the mechanical rights (the 'copying right' at the heart of a la carte downloading) for two of the publishers PRS represents, Peermusic and Chrysalis Music. It's hoped other independent publishers will also utilise this licensing arrangement through the Independent Music Publishers' European Licensing group, a new alliance of indie publishers formed at the start of the month and officially announced at MIDEM on Monday.

Commenting on the new iTunes deal, PRS's MD of Broadcast, Online & Recorded Media, Andrew Shaw told CMU: "We are delighted to have agreed this new pan-European deal with iTunes. In our view it demonstrates that PRS for Music provides a compelling pan-European offering and leads the market in enabling digital music growth, whilst delivering vital royalties to our members".

Earlier this week PRS For Music announced it had entered into pan-European arrangements of one form or another with twelve digital service providers in the last year, including Amazon, eMusic, Napster, Nokia, Omnifone, Real Networks and Spotify.

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THIS FESTIVAL FEELING APPOINTS BEARDED FOUNDER TO ITS DIGI-MAG
Online festivals publication This Festival Feeling relaunched its website ready for the 2010 festival season this morning, and has also confirmed the appointment of Bearded magazine founder Gareth Main as editor of its interactive monthly digital magazine, which sits at the heart of the site providing magazine-style feature content about all things music festivals. The first of those magazines for 2010 will be published online in March, and will feature an interview with Festival Republic big cheese Melvin Benn and Radio 1 DJ and Swn festival organiser Huw Stephens.

Commenting on Main's appointment as editor, This Festival Feeling publisher Leon Wingham told CMU: "Gareth's attitude, contacts book and skillset set him apart from the crowd. His devotion to old and new media, to the independent music sector and his understanding and knowledge of all parts of the musical landscape worldwide, as well as his determination and guile to grow a publication from the ground up, made him a perfect addition to take TFF by the horns and make us the best festival publication in the world".

Main notes that today's launch of Apple's iTablet - which some reckon will kick start the long mooted growth of bigger-but-still-portable all-genre-encompassing digital content devices - will make the delivery of content through digital magazine style set ups, rather than traditional websites, all the more attractive.

He told CMU: "This is an amazing challenge for me. Given the sudden surge in interest in the digital magazine market, and Apple's iTablet announcement this week, the prospect of taking such a forward-thinking publication headfirst into this exciting world is too good to pass up. With my heart firmly in print, the sheer possibilities of how a digital magazine can change music journalism for the better are simply endless, not to mention salivating".

More at www.thisfestivalfeeling.com

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THIS WEEK'S SUB.TV PLAYLIST
Hey look, people, it's the music videos that are playing this week on the Subtv network of video screens in students' unions all around the god darn United Kingdom of Great Britain and whatnot. New additions marked with a *. More info on all things Sub.tv from DavidLloyd@sub.tv.

A List
Alexandra Burke - Broken Heels
Biffy Clyro - Many Of Horror
Calvin Harris - You Used To Hold Me
Delphic - Doubt
Editors - You Don't Know Love
Example - Won't Go Quietly
Iyaz - Replay
Kasabian - Vlad The Impaler (Live)*
Lostprophets - Where We Belong
Owl City - Fireflies*
The Saturdays - Ego
Sidney Samson ft Wizard Sleeve - Riverside (Let's Go)
Simian Mobile Disco ft Beth Ditto - Cruel Intentions
Vampire Weekend - Cousins
You Me At Six - Underdog

B List
The Big Pink - Velvet
Cobra Starship - Hot Mess*
Empire Of The Sun - Without You
Fyfe Dangerfield - She Needs Me
Girls Can't Catch - Echo
Hadouken! - Turn The Lights Out
Hot Chip - One Life Stand
I Blame Coco feat Robyn - Caesar
JLS - One Shot
Kid Cudi feat MGMT & Ratatat - Pursuit Of Happiness*
Miike Snow - Silvia
Mika - Blame It On The Girls
Phoenix - 1901

Tip List
Daisy Dares You feat Chipmunk - Number One Enemy
Gabriella Cilmi - On A Mission*
Girls - Morning Light*
Gucci Mane feat Usher - Spotlight
Groove Armada - Paper Romance
Kano - More Than One Way
Lil Jon feat Kee & Tinchy Stryder - Give It All U Got
Tinie Tempah - Pass Out

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RICHARDS QUITS DRINKING
According to The Sun, Keith Richards has quit drinking, and has now managed to stay sober for four whole months. The Rolling Stones guitarist once famously said that he'd never stop boozing because he'd now outlived several doctors who said his hedonism would kill him, but seeing bandmate Ronnie Wood go off the rails with his drinking has apparently convinced him to give sobriety a try.

A 'source' said: "There's no guarantees that he'll stay off it, but he's doing really well so far. He has always quite enjoyed the fact that he seemed to be able to carry on drinking as much as he liked with no real negative impact on his health, but he has watched Ronnie fall well and truly off the wagon last year and he doesn't like what he sees. Plus, he has started to feel for the first time like it might do him some good to give up the booze for a while".

I'm not sure I like this news; I'm going to need a stiff drink to get over it.

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