Napster Launches New Defense
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Dance Music Gaìns At Napster Launches New Defense BY EILEEN FITZPATRICK that Napster's Internet directory does attorneys representing Napster, says LOS ANGELES -After losing the not violate copyright laws either," say that the Diamond Rio case and the argument that it is an Internet service court papers filed on July 3. AHRA set a precedent for fair use of Radio, But Retail lags provider (ISP) and exempt from liabil- Under the Rio decision and the home MP3 files. ity under "safe harbor" provisions, recording act, "consumers have the "This is the first time we've ad- BY CHUCK TAYLOR Typically, notes one dance music Napster is embarking on a new strat- absolute right to create and transfer vanced this defense, and while the NEW YORK-While the U.S. dance insider, a successful dance single egy that puts its file-sharing program digital music for noncommercial pur- court denied us as an ISP, it didn't community has finally earned a lit- moves 25,000 to 50,000 units with top on trial. poses, since its users are not directly relate to fair use. The Diamond Rio tle respect from the music industry 40 play and 5,000 to 7,000 without. In its response to the Recording infringing," the response says. "Nap- case constitutes fair use," says John- with the 1997 launch of two Gram- Columbia Records' dedication to Industry Assn. of America's (RIAA) ster cannot be liable for contributory son. "The RIAA is trying to destroy my dance categories and is enjoying the dance segment is evident on the June 12 request for a preliminary in- infringement." the technology of file sharing and to increased exposure at radio, it Hot Dance Music /Maxi -Singles junction to remove all songs owned by distribute music only in a way they remains perplexed by spotty sales at Sales chart. In the July 8 issue, six its member companies from Napster want to distribute it." .. a s:: )r7apstar retail outlets. of the top 10 titles were credited to directories, attorneys for Napster are The opposition paper also says that On the eve of Billboard's annual the label. citing the Diamond Rio court victory granting the injunction would violate Dance Music Summit, Wednesday - "Indeed, it's a very important part against the RIAA in 1999, which deter- In her May 5 decision, U.S. District consumers' First Amendment rights, Friday (12 -14) at the Waldorf-Asto- of our roster," says Dave Jurman, mined that S3's Rio player did not vio- Court judge Marilyn Patel ruled that that the plaintiffs are engaged in ria here, radio has come to the dance senior director of dance music at late copyright laws under the 1992 Napster had not proved that it is an "copyright misuse," and that con- realm with more support in the past Columbia Records. "We're very Audio Home Recording Act (AHRA). Internet service provider and thus sumers use the program for many several months than at any point in proud of the success stories we've In that case, a court determined that exempt from liability under the Digital "non- infringing" purposes, which is the past five years. had with Lara Fabian, Mary Mary, transferring MP3 files copied onto a Millennium Copyright Act's "safe har- permissible under the Supreme Recent dance tracks making a for- and Madison Avenue, whom we computer hard drive to a portable play- bor" provisions (Billboard, May 20). Court's 1984 Sony Betamax decision. midable showing on The Billboard Hot launched at the clubs, and now er was legal. Following the decision, the RIAA In that infamous case, the court 100 include Eiffel 65's "Blue (Da Ba they're crossing over. The success of "If a consumer can copy an 1VIP3 file filed the preliminary injunction motion decided that the VCR technology Dee)," Sonique's "It Feels So Good," these artists, and others like Alice from his or her hard drive without vio- on June 12. could not be hindered simply because Alice Deejay's "Better Off Alone," Deejay, Sonique, and Amber, have lating the copyright laws, it is evident Daniel Johnson Jr., one of seven (Continued on page 105) Basement Jaxx's "Red Alert," and opened radio and retail to see that Amber's "Sexual (Li Da Di)." these kinds of records do work." Even artists whose reputation has But despite the boon for labels, never hinged on dance -happy alter- retailers say dance music remains a NUB Combines natives are getting in on the act: title -driven genre, not a brand that Sting's "Desert is gaining overall Rose" with Cheb momentum. Venues, Web Mami has spent `Dance is never "Dance is never eight weeks atop going to going to explode, but Billboard's Hot it's never going away, In Campaign Dance Music /Maxi- explode, but it's either," says David Singles Sales chart Seamons, record BY MELINDA NEWMAN and is currently No. never going sales manager for LOS ANGELES -In its first major 21 on the Hot 100, Tower Records Lin- effort to converge its venues with its thanks to co- produc- away, either' coln Center in New online presence, HOB Entertain- tion chops from York. "When a ment has launched a promotion that - DAVID SEAMONS - dance maestro Vic- strong release comes is intended to drive people to both its More Than A Dealing. Legendary rock group Boston recently signed a record- tor Calderone, while out, like the Alice House of Blues clubs and its Web ing deal with Artemis Records. Original members Tom Scholz and Brad Delp will Bryan Adams lent his vocals to Chi - Deejay, it sells. But there's no con- site, HOB.com. be featured on a new album, described by Scholz as "a marriage of alternative cane's "Don't Give Up," currently sistent streak. It's a strange market Through August, visitors to House influence with unmistakable, classic Boston style." Boston's 1976 self -titled No. 3 on Hot Dance Music /Club Play. to get across to people, because of Blues venues are given an inter- album is one of the fastest and best-selling debut albums in history, selling over "Dance music is more accepted they'll hear a song in the clubs and active CD -ROM upon their depar- 16 million copies. Shown, from left, are Danny Goldberg, president/CEO of now, so it's a good time for it. It's def- not be sure what it is or who it is." ture from the Artemis Records; Sage Robinson, VP of media and artist relations for Artemis initely been stronger of late but it's Seamons adds that the brand is buildings. The disc Records; Diane Gentile, VP of promotion for Artemis Records; Michael Krumper, always been cyclical," says Erik marred by the bandwagon approach, connects them to a executive VP of Artemis Records; Scholz; Shannon McSweeney, manager of Bradley, assistant PD/music director where a certain dance sound is mud- special location on A &R for Artemis Records; and Daniel Glass, executive VP of Artemis Records. of dance /hip -hop WBBM (B96) died by copycat songs, which ulti- HOB.com that al- Chicago. "When it's been a while mately "drains the market." lows them to enter we've had a record like the For Wresch Dawidjan, owner of a contest to win since 1101 E1iE1TlWEI11. lu. Sonique or Alice Deejay, they do tend Twelve Inch Dance Records in two free passes, to stand out. Eiffel 65 sold 120,000 of Washington, D.C., the prevalence of parking, and other `Blue' in Chicago alone, which is a big dance music at the mainstream level perks to all shows Sobel Moues To Audloirack number for a dance act." has hardly signaled a revolution for at 22 HOB venues until the end of the However, while labels celebrate his store, which specializes in main- year. BY MELINDA NEWMAN "We're going to announce at [the] the fact that dance music is excelling stream dance, hip -hop, import, and Each weekday until the end of the LOS ANGELES After 16 years at Plug.In [conference] several major at radio, both major retailers and house. "I hate to tell people this, but promotion, a winner will be drawn ASCAP Ron Sobel has resigned to artists who have agreed to take the boutique dance shops say the picture business has not been strong. I'd say and awarded the two passes. Two become president of Seattle -based mark in their work, as well as a pilot isn't as rosy for them. we're down 15% to 20% from a cou- million CD-ROMs are expected to be AudioTrack Watermark Solutions program we have with a label," says On the label side, "compared with ple of months ago," he says. "Ironi- distributed. Among the participating Inc. Sobel. the last couple years, dance music in cally, the fact that radio has been venues are House of Blues clubs in Sobel, who was ASCAP's VP of Although the 5- year -old Audio - 2000 has shown a lot of improve- opening up to dance isn't helping the Los Angeles; Cambridge, Mass.; creative affairs /head of the Los Track is based in ment," says Victor Lee, head of specialty stores. Once you're on the Chicago; New Orleans; and Las Ve- Angeles office, started his new job Seattle, Sobel will dance A &R for dance /hip -hop label radio, your Tower or Best Buy will gas, as well as Los Angeles' Univer- Monday (10). His last day at ASCAP be based in Los Tommy Boy Records.