Discipline Global MobileKing CrimsonRobert FrippThe VicarTour DatesDiariesnav_catalogNewsAccountsForumShopSearch Archives
  News Login | Register | Help

 
UMG - The Story So Far
:: Posted by Sid Smith on Mon., Sep 3, 2012

UMG has been selling King Crimson material for years without rights or permission. UMG has been told of this on many occasions and has promised to cease. UMG continues to register sales of the material, reporting sales, as recently as April 2012. UMG is in the midst of a takeover of EMI. This has been referred to the European Commission as it would give UMG (already the largest record company by far), near monopoly status in many EU countries. It is also being scrutinised by the FTC in the USA. 

In August, UMG offered to sell some of its catalogues and some EMI catalogues in an effort to placate the EC. Listed among those catalogues as circulated for sale was the same King Crimson material that UMG has been selling without permission. When this was discovered we approached UMG who told us it was due to “an error of inclusion on an early list that had been corrected and the EC was aware of this”. The EC rejected this, stating that it had only circulated material “provided specifically by UMG” and “not by error on an earlier version”. To the best of our knowledge the King Crimson material was only removed from the EC lists following a complaint from Panegyric.

We wrote again to UMG. The senior lawyer who told us of the early lists (responding on behalf of the UMG CEO), wrote to us again yesterday repeating UMG’s “early list/error” position and refusing to address the broader issues of UMG copyright infringement. Panegyric’s latest response to UMG on the EC submissions and related copyright infringements on behalf of King Crimson, DGM and the label is detailed below:


Dear Mr. Carmel,



Thanks for your reply.



The "substantive difference" between the EC position and your own is that you sought, both in your initial reply on behalf of UMG CEO Mr. Grainge and now, to distance yourself from responsibility for the inclusion of King Crimson material with this "two lists" sideshow to which you appear to be the sole subscriber.

The European Commission sees no uncertainty here. Again, let me quote from the EC reply:

I would also like to indicate that contrary to Universal's claim the Commission relied on the formal documentation provided specifically by Universal for the purpose of the market test with third parties and not by error on an earlier version.

"Formal documentation provided specifically by Universal" - It's worth repeating as your stated position on behalf of your CEO contradicts this.



"Specifically", in my understanding, is not a word that leaves room for misinterpretation.



Furthermore, my specific understanding is that the King Crimson material was only withdrawn from the fully circulated list after I saw the lists and complained to the EC. Perhaps this is incorrect? I'll copy the EC officers on this reply in case I am mistaken.

It’s important that we can all be clear about the sequence of events.



By your own admission, UMG placed King Crimson rights, which the company does not control, on a list submitted to the EC for divestment purposes as part of its assurances to the EC that UMG’s takeover of EMI represents no threat to competition in the industry.



Irrespective of how many lists were submitted, the fact that rights to King Crimson still appear, incorrectly, on internal UMG lists in July 2012 is at the heart of many of the problems that UMG continues to cause to the musicians, owners and licensees of this material.



UMG's inaccurate rights lists have circulated within the company since the takeover of Sanctuary in 2007.



The reasons why this is important are numerous, but I'll briefly detail just three of them here:



1) Such inaccurate lists must be, in part, the basis for UMG's continued digital sales of the material up to and including sales in 2011, often without payment. Again I remind you that UMG never had such rights. Such sales may continue. We have no way of knowing just as UMG appears to have no way of determining whether or not such sales continue and no apparent method of stopping them if they do. Physical sales also continued into 2011, including sales recorded in the UK.



2) This is indicative of a systemic and continued failure within UMG to control its own digital or physical sales of the material and a key reason why the EC should take a more robust view of any plans for further expansion. If UMG cannot, in 2012, distinguish between that which it does and does not control as a result of a takeover dating from 2007, what chance is there that a far larger takeover now proposed can be managed correctly?



3) UMG's lawyers, Mr. Smith and Mr. Fisher, gave us repeated assurances that such sales could not continue. Sales continued. Mr. Smith in 2007, Mr. Smith (again) in 2008, Mr. Fisher in 2009 and later – each was adamant that sales would not continue. Sales continued. We complained. UMG chose not to address the issues but instead to appoint an expensive external lawyer, a Mr. Howard who, in the words of Mr. Fisher in 2010 "may take a far more aggressive stance". Mr. Fisher's solution did not correct the inaccurate documents claiming rights, did not prevent UMG's digital rights departments offering or accepting payment from further sales and did nothing to stop subsequent physical sales taking place. Mr. Fisher's appointment of Mr. Howard merely established a further block between the two companies with an implied bully boy ethos via the threatened "far more aggressive stance". Sales continued. These actions raise serious questions about UMG's ability to deal with its acknowledged copyright infringements. These actions raise serious questions as to the manner in which UMG deals with smaller competitors in the marketplace.

UMG CEO Mr. Grainge is copied on this correspondence. Perhaps he could let me know if it’s acceptable for his legal representatives to hire outside lawyers who "may take a far more aggressive stance" to deal with legitimate complaints of copyright infringement, said infringements acknowledged as having occurred and accepted as continuing, in preference to dealing with the issues raised and preventing further infringements?

Is this official UMG corporate policy for dealing with such matters?

If not, what does Mr. Grainge, as CEO, intend to do to about it?



You state "we (UMG) do not think it would be constructive once again to go over old ground."



UMG reported sales of this material to DGM as recently as April this year. How recent do copyright infringements have to be in order for UMG lawyers to address them and not dismiss them as “old ground”?



Your statement is also somewhat at odds with that given by UMG representatives to The Financial Times (August 3rd 2012) in response to an interview given by Robert Fripp, although some of the wording is curiously familiar:



"This is very old ground. We have been working with Robert Fripp for some time to try to clear up some issues that he has raised with us and we believe that we are very close to completing that process."

Robert Fripp is unaware, as are our legal representatives, as am I, of any initiatives by UMG to resolve these issues.

Your letter makes it clear that UMG regards such issues as “old ground”

Is “old ground” some form of euphemism for copyright infringements that UMG refuses to address or resolve?



These are the "areas where you remain irreconcilable" referred to in your letter regarding Sanctuary/UMG and us.



UMG, the world's largest record company, sold (and may still be selling) King Crimson material without permission from the band, the copyright owners or the legal licensees of the material.

This is just one of several such examples of issues of copyright infringement by UMG labels of King Crimson/Robert Fripp copyrights, your “old ground”.



UMG offers no apology, solution, payment (beyond that made in 2009 for some of the sales) or, despite promises to the contrary from a variety of lawyers, ability to stop further sales.



Not content with mere copyright infringement and individual track sales, UMG recently included the very master rights to this material is its lists of proposed divestments to the EC.



As a senior lawyer, writing on behalf of the CEO Mr. Lucian Grainge, you don't wish to address any of this “old ground”, save to assure me that UMG is sorry for "the initial mistake" regarding the EC list inclusion, such expression of regret entirely dependent on acceptance of your "two lists" scenario which is, in turn, directly contradicted by the EC to whom the information was submitted.



Such avoidance of the issues that led to this on behalf of a senior lawyer representing the CEO of UMG, Mr. Grainge, is distinctly at odds with the publicly stated position of the UMG Press spokesperson who assured The Financial Times that the company “has been working with Robert for some time”.

Your statements, made on behalf of the CEO are contradicted by the EC, by UMG’s own PR representatives and by sales statements issued by UMG’s royalties department.

Who is to be believed in such a situation?

I am drawn again to UMG lawyer Mr. Smith's statement to me in December 2008 that “.. a company the size of UMG could not be expected to read or apply the details of  every contract of every catalogue it acquires."



It is a plausible, if hardly laudable, explanation for some of these incidents.



Had my company been selling UMG material without permission, full payment, or complete cessation when alerted to the true rights position, over a period of 5 years, repeatedly but inconclusively assuring UMG that such copyright infringing sales would stop, only for me to continue with the sales and then offer to sell the master rights to said material to a third party in order to justify another acquisition, I suggest that you, Mr. Grainge and the various other lawyers involved would be far less sanguine about the situation, far less prone to clichés about not wishing to go over “old ground”.



I have made a formal complaint to the EC detailing concerns about the issues raised above.

I am copying this response to the EC case handling officers as an addition to material previously submitted.



Kind regards,



Declan Colgan
Panegyric Recordings.


30/08/12


More news

Displaying 5457 items (Viewing 1 to 10 of 5457)

Look Over Yondr
:: Posted by Sid Smith on Mon., Jun 27, 2016
For anyone who has had their concert ruined by their neighbours constantly texting and snapping on their phones, Yondr may have come up with a solution to make gigs a phone-free zone. Read all about it here and here. 


Happy Birthday Ian McDonald
:: Posted by Sid Smith on Sat., Jun 25, 2016
King Crimson founding member, Ian McDonald celebrates his birthday today.

 

The man whose writing and multi-instrumental talents played an such essential and pivotal role in establishing King Crimson on the world stage in 1969, is 70 years old today. So raise a glass of your favourite tipple in Ian's honour and shout out your favourite McDonald moment!

WillyFred Flies Away
:: Posted by Sid Smith on Wed., Jun 22, 2016
An update from Robert via his Facebook page.

WillyFred, Prince Of Rabbits, flew from this world c. 11.02 on this morning, Wednesday 22nd. July, 2016, immediately, gently, peacefully.
T carried Wilf down to his prepared space in the garden by the rose arbour, and laid him to rest. A beautiful creature, and a joyful presence, in our lives for eight years and nine months.
WillyFred c. 10.15...





Fragile As A Song
:: Posted by Sid Smith on Wed., Jun 22, 2016
Tony Levin, who is currently out on tour with Peter Gabriel and Sting, has published a book of poetry.  Fragile As A Song is only available directly from Tony and you can find out more about this latest publication here


Endless Grief: an Age Of Greed characterized by the Abuse Of Trust.
:: Posted by Sid Smith on Tue., Jun 21, 2016
From Robert Fripp’s Facebook page today:

Endless Grief undermined my confidence in the process of law, the public-school educated, the English Gentleman, chartered accountants and the professions, players within public life and charities: pretty much all those institutions that were an end-result of a long process of developing-standards in public and national life throughout C19-20th. Britain. In the postwar Dorset of my youth, I was brought up to have confidence in these institutions. In attempting to understand the mechanics of Endless Grief, I am also attempting to understand the present era: an Age Of Greed characterized by the Abuse Of Trust.

How to see all of this? The universe in a grain of sand, the Human Condition in one sorry management firm?

Robert’s diary: 12th March 2012

Development firm loses another appeal.


The EG Way continues?
DQ’s Tara Cubbon acted for Lloyds Bank International Limited (the “Bank”) in successfully striking out the claim by The Slegaby Estate Limited (“TSEL”) and Samuel George Alder (“Mr Alder”) against the Bank pursuant to the doctrine of res judicata and as an abuse of process...
His Worship further held that TSEL and Mr Alder had failed to treat the First Proceedings as they should have done. They had no excuse for not pursuing matters fully and adopting an “unduly casual attitude” in their response. This was contrary to the onus in the 2009 Rules on the expedition of litigation and the avoidance of multiplicity of proceedings and in His Worship’s view was an attempt to have “a second bite of the cherry” following the dismissal of their appeal in the First Proceedings.

Court confirms law on res judicata and abuse of process.


21st Century Make Believe
:: Posted by Sid Smith on Mon., Jun 20, 2016
Peter Sinfield appears in a BBC 4 programme about Top Of The Pops. Alongside a quick blast of 21st Century Schizoid Man, Peter gives the background to the huge hit he co-wrote for '80s pop darlings, Bucks Fizz entitled The Land Of Make Believe.  Peter's section begins at around 2.50 here


On This Date 34 Years Ago
:: Posted by Sid Smith on Sat., Jun 18, 2016
Beat, the 9th studio album by King Crimson and only the second to feature the same line-up in the band's history, was released on this date 34 years ago.



Don't forget that the new stereo and surround sound mixes of King Crimson’s Beat and Three Of A Perfect Pair are set to be released October 14th 2016.


The long-awaited albums represent the next installment in the acclaimed 40th Anniversary Series which began in 2009.

Pre-order for Beat
Inner Knot (America) or Burning Shed (UK & Europe)

Pre-order for Three Of A Perfect Pair
Inner Knot (America) or Burning Shed (UK & Europe)




Beat & Three Of A Perfect Pair Pre-Order
:: Posted by Sid Smith on Thu., Jun 16, 2016
The new stereo and surround sound mixes of King Crimson’s Beat and Three Of A Perfect Pair are set to be released October 14th 2016.

The long-awaited albums represent the next installment in the acclaimed 40th Anniversary Series which began in 2009.

Pre-order for Beat
Inner Knot (America) or Burning Shed (UK & Europe)

Pre-order for Three Of A Perfect Pair
Inner Knot (America) or Burning Shed (UK & Europe)




Beat was released in June 1982 just eight months after the 80s Crimson lineup debut album “Discipline”.

It marked the first occasion where a King Crimson line-up had remained intact for a two album stretch and was also the first album by the band to employ a separate producer – Rhett Davies. The juxtaposition of lyrics heavily influenced by 50s beat luminaries Jack Kerouac and Neal Cassady.

The complex polyrhythmic musical textures of the ‘80s Crimson, the strength of the songs and the cohesion of the studio performances, all helped the album chart upon release in the US and the UK.

Songs like Waiting Man, Neal and Jack and Me and Heartbeat became firm favourites with fans and concert goers. Heartbeat in particular was an FM radio regular in the US and even merited a promo film shot for the then-emerging music TV market, while one of the album’s twin instrumental tracks, Sartori In Tangier, anticipated the emerging interest in African based rhythmic styles that would become such a fascination for musicians in the latter part of the decade.

As ever, Crimson was pushing forward, looking for new methods to communicate internally as a band and externally with an audience. It was, perhaps, the nearest King Crimson ever came to the rock music ‘mainstream’.

As with other albums in the King Crimson CD/DVD-A series, the stereo CD features a new stereo mix by Robert Fripp and  Steven Wilson, while the DVD-A features 5.1 mixes of the album by Steven Wilson, high resolution stereo mixes of the original and  new stereo mixes. Additionally, the original album is presented in rough mix form along with additional audio extras, video performance footage of two songs from The Alabamahalle, Germany and the original promo film for Heartbeat.

Beat Track list
CD New stereo mix

Neal and Jack and Me
Heartbeat
Sartori In Tangier
Waiting Man
Neurotica
Two Hands
The Howler
Requiem (extended version)

Absent Lovers (instrumental studio recording)

DVD-A
5.1 Surround Sound Mix

 
Neal and Jack and Me
Heartbeat
Sartori In Tangier
Waiting Man
Neurotica
Two Hands
The Howler
Requiem (extended version)

Absent Lovers (instrumental studio recording)

New Stereo Mix 


Neal and Jack and Me
Heartbeat
Sartori In Tangier
Waiting Man
Neurotica
Two Hands
The Howler
Requiem (extended version)

Absent Lovers (instrumental studio recording)
Neal and Jack and Me (alt take)
Absent Lovers (live recording)

Original Stereo Mix (30th anniversary edition)

Neal and Jack and Me
Heartbeat
Sartori In Tangier
Waiting Man
Neurotica
Two Hands
The Howler
Requiem

Alternative album - early mix

Neal and Jack and Me
Heartbeat
Sartori In Tangier
Waiting Man
Neurotica
Two Hands
The Howler
Requiem

Video

Heartbeat (studio)
Waiting Man (live, Munich 1982)
Heartbeat (live, Munich 1982)

Please note that all material on this edition will be included on the forthcoming '80s box set, On And Off The Road.




Having released two albums in a nine month period between October 1981 and July 1982, Three of a Perfect Pair is the final part of the recorded trilogy begun with Discipline and Beat. Originally released in April 1984, from the pointillist minimalism of the title track through to the urgent rush of Sleepless and the album’s closer Larks’ Tongues in Aspic III - the only reference to the 1970s incarnations of the band – Crimson’s distinctive mixture of rock, electronica, funk and pure pop songs, ensured the group’s status as one of the most interesting and innovative bands of the decade.

Following the release of the album, the band embarked on a tour of Japan and from there America and Canada. At the completion of the last date in July 1984, Fripp, Bruford, Levin and Belew went their separate ways to pursue their respective solo commitments.

King Crimson would reconvene in the mid- 1990s with a double trio line-up featuring all of the 1908s band members, while the band’s current line-up (2014 – present) features both Robert Fripp and Tony Levin from the 1980s band.

King Crimson’s final album of the 1980s is augmented with extra tracks newly mixed for the 2016 edition on CD.

As with other albums in the King Crimson CD/DVD-A series, the stereo CD features a new stereo mix by Robert Fripp and Steven Wilson plus additional tracks, while the DVD-A features 5.1 mixes of the album by Steven Wilson and high resolution stereo mixes of the original and new stereo mixes. Additionally, the original album bonus tracks from the 30th anniversary CD are included as is the promo film for ‘Sleepless’, a song originally released as 12” single which became an unlikely hit on the New York dance scene of the time.

Three Of A Perfect Pair Track
list
CD New stereo mix

Three of a Perfect Pair   
Model Man   
Sleepless   
Man with an Open Heart   
Nuages (That Which Passes Passes Like Clouds   
Industry   
Dig Me   
No Warning   
Larks' Tongues in Aspic III   

Additional tracks
The King Crimson Barber Shop   
Robert's Ballad   
Shidare Zakura   
Industrial Zone A   
Industrial Zone B   
Industrial Zone C   

DVD-A
5.1 Surround Sound Mix


Three of a Perfect Pair   
Model Man   
Sleepless   
Man with an Open Heart   
Nuages (That Which Passes Passes Like Clouds   
Industry   
Dig Me   
No Warning   
Larks' Tongues in Aspic III   

The King Crimson Barber Shop   
Robert's Ballad   

New Stereo Mix

Three of a Perfect Pair   
Model Man   
Sleepless   
Man with an Open Heart   
Nuages (That Which Passes Passes Like Clouds   
Industry   
Dig Me   
No Warning   
Larks' Tongues in Aspic III   

Additional tracks
The King Crimson Barber Shop   
Robert's Ballad   
Shidare Zakura   
Industrial Zone A   
Industrial Zone B   
Industrial Zone C   


Original Stereo Mix (30th anniversary edition)
Left Side:
Three of a Perfect Pair   
Model Man   
Sleepless   
Man with an Open Heart   
Nuages (That Which Passes Passes Like Clouds   

Right Side:
Industry   
Dig Me   
No Warning   
Larks' Tongues in Aspic III   

Other Side:
The King Crimson Barber Shop   
Industrial Zone A   
Industrial Zone B   
Sleepless (Tony Levin mix)   
Sleepless (Bob Clearmountain mix)   
Sleepless (Dance mix - F. Kervorkian)   

Video
Sleepless

Please note that all material on this edition will be included on the forthcoming '80s box set, On And Off The Road.






 

King Crimson Nominated For Progressive Music Awards
:: Posted by Sid Smith on Wed., Jun 15, 2016
King Crimson have been nominated in three categories for this year’s Progressive Music Awards which are to be held in London later this year.



King Crimson’s THRAK BOX is one of the contenders for The Storm Thorgerson Grand Design Award.

The band’s tour of 2015 is in the Live Event category

King Crimson itself is up for Band/Artist of the Year award.

Voting requires registration so please head here to give your support for King Crimson. 

Pledge For Levin
:: Posted by Sid Smith on Wed., Jun 15, 2016
Tony Levin is to release another album with Marco Minnemann and Jordan Rudess. The trio recorded their self-titled debut in 2013 and have reunited to release Entitled From the Law Offices of LEVIN MINNEMANN RUDESS. You can check out the details on how to pledge support for the album here




2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next >> 

King Crimson Tour 2016
Newest Additions
HEARTBEAT
FREE MP3 DOWNLOAD


King Crimson
10 June 2016 Heartbeat

Full Recording

Subscribe to Podcast

 
Latest Music
King Crimson in Toronto 11/20/2015
King Crimson in Toronto 11/20/2015

 
Latest Photo

 
New to the DGM Shop
Discipline (Black)
Discipline (Black)

 
Top Downloads
King Crimson - Aug. 7th, 2008 in Chicago

King Crimson - Jun. 28th, 1974 in Asbury Park

King Crimson - Nov. 20th, 2015 in Toronto

King Crimson - Oct. 23rd, 1973 in Glasgow

Fripp & Eno - May. 28th, 1975 in Paris

 
Follow Us
 

Home | About DGM | Contact Us | Privacy Policy | Terms of Service | Help | RSS Feeds