WIXEN MUSIC PUBLISHING, INC. NOT PARTICIPATING IN FERRICK VS. SPOTIFY CLASS ACTION LAWSUIT, INSTEAD SEEKING AMICABLE SETTLEMENT
DT: JANUARY 2, 2018
FM: MITCH SCHNEIDER/MIKE GOWEN
MSO PR
WIXEN MUSIC PUBLISHING, INC.
AND ITS CLIENTS HAVE ELECTED NOT TO PARTICIPATE IN THE FERRICK VS. SPOTIFY CLASS ACTION LAWSUIT THAT ADDRESSES WRONGDOING BY SPOTIFY
INSTEAD, AIM FOR AMICABLE SETTLEMENT FOR ITS PAST INFRINGEMENTS AND UNLICENSED USES, AND SEEKS TO WORK OUT A GO-FORWARD LICENSE WHICH IS FAIR TO ALL PARTIES
WIXEN MUSIC PUBLISHING, INC. is well-known in the music industry for supporting the rights of songwriters and publishers. Founded in 1978, the Los Angeles-based company represents thousands of songwriters and publishers, including many of the top acts in music.
On December 21, 2017, Congressman Doug Collins introduced the Music Modernization Act Of 2017. WIXEN MUSIC PUBLISHING, INC. recognizes that a good deal of compromise went into crafting a bill that would please a diverse coalition of music industry groups and praises David Israelite and the NMPA for their help in working with Congressman Collins on this legislation.
In spite of its general support for the Act, WIXEN MUSIC PUBLISHING, INC. president Randall Wixen explains that “unfortunately the bill disenfranchises our clients from legal redress for infringements made of their songs without proper licenses by various streaming services.” Within the Act is a provision that (once the bill becomes law) would eliminate important legal remedies that publishers have against Spotify and similar services that may have infringed their works if suits were filed on or after January 1, 2018.
WIXEN MUSIC PUBLISHING, INC. and its clients have elected not to participate in the Ferrick vs. Spotify class action lawsuit that addresses this wrongdoing by Spotify, in part because of their belief that the proposed settlement is inadequate, because too much of the settlement is going to legal fees, and because the terms of the go-forward license in the settlement are not in their long-term best interests. WIXEN MUSIC PUBLISHING, INC. was and is desirous of sitting down with Spotify to work out an amicable settlement for its past infringements and unlicensed uses, and seeks to work out a go-forward license which is fair to all parties.
Mr. Wixen remarked: “We are very disappointed that these services will retroactively get a free pass for actions that were previously illegal unless we actually file suit before January 1, 2018. Neither we nor our clients are interested in becoming litigants but we have been faced with a choice of forfeiting rights and damages, or taking action at this time. We regret that this otherwise admirable proposed bill has had this effect, and we hope that Spotify nonetheless comes to the table with a fair and reasonable approach to reaching a resolution with us. We are fully prepared to go as far forward in the courts as required to protect our clients’ rights.”
Wixen continues: “We’re just asking to be treated fairly. We are not looking for a ridiculous punitive payment. But we estimate that our clients account for somewhere between 1% and 5% of the music these services distribute. Spotify has more than $3 billion in annual revenue and pays outrageous annual salaries to its executives and millions per month for ultra-luxurious office space in various cities. All we’re asking for is for them to reasonably compensate our clients by sharing a miniscule amount of the revenue they take in with the creators of the product they sell. Music fans should be able to enjoy Spotify, knowing that their favorite artists are being treated fairly.”
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THE JERRY DOUGLAS BAND Receives 2018 GRAMMY Award Nomination for “Best Contemporary Instrumental Album”DT: NOVEMBER 28, 2017
FM: MITCH SCHNEIDER/MIKE GOWEN/ANDREA FAULK,
MSO PR(Los Angeles)
LYNDIE WENNER, MSO PR
(Nashville)
THE JERRY DOUGLAS BAND’S
DEBUT STUDIO ALBUM
‘WHAT IF’
RECEIVES GRAMMY AWARD NOMINATION FOR
“BEST CONTEMPORARY INSTRUMENTAL ALBUM”
RELEASED AUGUST 18 VIA ROUNDER RECORDS
ON A WAVE OF PRAISE
![]() Above: The Jerry Douglas Band
THE JERRY DOUGLAS BAND‘s debut studio album, WHAT IF, today (11/28) has received a 2018 GRAMMY Award nomination for “Best Contemporary Instrumental Album.”
“Every nomination for any award is special, but today was the first nomination for a band that I travel with and confide in which makes it all the more special,” says DOUGLAS. “We are brothers on the road in every way, and I am so proud to be among these wonderful musicians in this endeavor.”
On WHAT IF (released August 18 via Rounder Records), the 14-time GRAMMY Award-winning and three-time Country Music Association Musician of the Year, JERRY DOUGLAS and company decisively merge jazz inclinations with the bluegrass, country, blues, swing, rock, and soul that DOUGLAS spent his life absorbing and performing, forging a sound that flies beyond the boundaries of anything he, or anyone else, has done before.
PRAISE FOR WHAT IF:
“Even after 14 Grammys, Jerry Douglas is still exploring unlikely musical pairings, as evidenced by the soul-and bluegrass-melding rendition of ‘Hey Joe…’ Jerry Douglas Band’s version opens with a furious Dobro lick before driving to the chorus with thick ascending horn lines that suggest Sixties Motown. While more traditional Country instrumentation of fiddle and trebly electric guitar both take instrumental flights of their own, saxophonist Jamel Mitchell, nephew of Al Green producer Willie Mitchell, blows a bluesy solo that offers a fresh sonic counterpoint.”
“… What If is a new beginning…it’s a freewheeling, musically sprawling set, perhaps more jazz and rock oriented than most would expect. Douglas writes most of the material yet works up innovative, substantially rearranged versions of ‘Hey Joe,’ best known by Hendrix’s cover but here given a caffeinated backwoods workup, and Tom Waits’ ‘2:19.’ The album’s centerpiece is its title track, a pensive progressive jazz/bluegrass fusion instrumental that allows the members to stretch out and shows both their creativity and talent. Ditto for the Douglas-Bela Fleck co-write ‘Freemantle,’ best described as bluegrass/jazz fusion, where Douglas’ Dobro interweaves with the horns and guitar in electrifying fashion. There’s enough fret-shredding in the opening five minute ‘Cave Bop’ (a re-recording of a Douglas original, first heard in 2002) with its high energy soloing and near free-jazz approach, and the closing ‘Hot Country 84.5′ that’s somewhat more laid back but just as musically challenging, to satisfy those looking for Douglas’ sizzling picking. But it’s the interaction of the instruments throughout, in particular the horns, that makes this a true band production…whether you come for hot licks, compositional diversity or to experience a talented band firing on all cylinders with like-minded players delving into a variety of styles they love, the superb What If has you covered. Hopefully this is the start of a long term ensemble, willing to test individual musical parameters and expand their roots based standards into new, dynamic and fresh frontiers.” (4 out of 5 stars)
“The new project merges jazz with bluegrass, country, blues, swing, rock, and soul on eleven tracks filled with bold arrangements and unexpected elements. One such song is Douglas’ rendering of Tom Waits’ ‘2:19.’ A funky revelation, the song drips with soul courtesy of some dynamic horn-work and Douglas’ bluesy vocals.”
“Backed by an ace horn section and a killer band, resonator master Jerry Douglas serves up a daring fusion of jazz, rock, and bluegrass on his new album, What If.”
“…Dobro master Jerry Douglas is pulling the strings, taking Billy Roberts’ classic composition [‘Hey Joe’] to new and exciting places…Douglas & Co. truly soup up the tune, adding plenty of bluegrass fire and thunder along the way.”
“Ultimately, What If signals that after so many years and so many recordings, Douglas is still pushing the envelope and challenging himself to do new things with his music… The song [‘2:19’] is an interesting choice…essentially it is a blues tune and with Jerry Douglas and his talented band at the helm, the song is loaded with twang, horns, and some damn fine solo work. It stands out for the heavy dose of funk and soul the band whips up.”
“Douglas has never been afraid of pushing labels aside in his search for arresting sounds and musical adventure. Like banjo-bashing Bella Fleck and mando-wizard Dave Grisman, he can and does turn his hand to almost anything that catches his fancy. With What If, he has again pushed the boat way out, far beyond the comfort zone of many, to deliver an album that has horns where banjo or mando might be expected, and at times his own gravel-strewn voice to produce an unexpectedly confident stab at the blues; one track, Tom Waits’ ‘2.19,’ is clearly a straightforward, powerfully produced traditional, twelve-bar blues number where his picking and singing both combine to remarkable effect, and his take on the old rock-blues standard ‘Hey Joe’ (his second recording of the track) is an up-tempo, driving tour de force. Add a few Celtic traditional sounding instrumental tracks to the mix and you have a release that is truly surprising, inspired, unexpected but beautifully done.”
![]() Above: cover art for WHAT IF
For more information on THE JERRY DOUGLAS BAND, visit:
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For press inquiries regarding JERRY DOUGLAS, contact:
MSO PR
818.380.0400
Los Angeles
Mitch Schneider // mschneider@msopr.com
Mike Gowen // mgowen@msopr.com
Andrea Faulk (tour) // afaulk@msopr.com
Nashville
Lyndie Wenner // lwenner@msopr.com
THE JERRY DOUGLAS BAND To Headline The Troubadour On Monday, November 13
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