The Adam Lambert brouhaha resulting in a sales winner

As evidenced by Miley Cyrus just a few months ago, a little controversy rarely hurts in the sales department. Adam Lambert is on track to beat retail expectations for his RCA release, "For Your Entertainment," according to early returns compiled by keeper-of-the-charts Billboard Magazine.

The artist appeared on the "The Early Show" this morning on CBS, noting that some of his more aggressive moves on his American Music Awards appearance weren't all rehearsed. "The song lyrically is sexual, and I was just performing the lyrics of my song," Lambert said. "I think in the future I will probably make a little bit more of an effort to stay consistent with what I do during rehearsal to what I do during the show. That's something I'm learning now, and that way if anyone has a problem with what I'm doing, it can be explored during rehearsal."

But all the chatter and debate isn't stopping people from picking up his first post-"American Idol" release. Billboard writes that "For Your Entertainment" should sell at least 225,000 copies when it debuts on next week's chart, and could possibly move more with post-Thanksgiving shoppers invading retailers. Lambert's promo tour continues tonight with an appearance on the "Late Show With David Letterman."

Music download site BlueBeat hit with a preliminary injunction; site's founder responds

A federal judge in Los Angeles granted Capitol Records’ request for a preliminary injunction today against a San Jose-based website that had put the Beatles catalog online for digital downloading at 25 cents a track, without permission from the band or its record label.

U.S. Central District Court Judge John F. Walter said the defendant in the case, BlueBeat.com and its owner, Hank Risan, had failed to demonstrate that it had not violated Capitol’s copyright because it claimed to be selling “psychoacoustic simulations” of the Beatles catalog, not the actual protected recordings.

“Mr. Risan fails to provide any details or evidence about the ‘technological process’ that defendants contend was used to create the ‘new’ recordings or adequately explain how the ‘new’ recordings differ in any meaningful way from plaintiffs' recordings,” Walter wrote in approving the preliminary injunction.

Walter also got to play music critic for a day, noting that “after listening to the CD attached as Exhibit 1….the court, albeit to its musically untrained ear, was unable to detect or discern any meaningful difference between plaintiffs’ recordings and defendants’ recordings.”

Reached Wednesday, Risan claimed he had received the label’s permission to work with the recordings (The full interview with Risan is at the bottom of this post).

“Had we been able to appear in court,  we can show that we obtained that content lawfully,” Risan said. “If you obtain something lawfully, we have the right do things with it, like perform it, display it. We were paying the statutory royalties on it….We’re not pirates.”

A spokeswoman for EMI, Capitol’s parent firm, said Wednesday that the company declined to comment,  “as it is a matter of litigation.”

-- Randy Lewis and Todd Martens

After the jump, a Q&A of Pop & Hiss' brief chat with BlueBeat's Risan:

'It Might Get Loud' director Davis Guggenheim stands behind digital distribution

 
Director Davis Guggenheim tracked three generations of guitar virtuosos in his "It Might Get Loud," focusing on the philosophies behind the sounds of Jimmy Page, the Edge and Jack White. Sound in the film is paramount.

Yet when "It Might Get Loud" is released on home video, it won't be with a giant Blu-ray or HD push that advertises the latest in high fidelity. Instead, the film will be distributed digitally by Apple's iTunes store, which will sell "It Might Get Loud" exclusively from Dec. 8 through Dec. 22.

"I used to think that the quality of downloading music on iTunes was a barrier for me," Guggenheim said. "I just didn’t think it would be good enough. But in the last year, I’ve put 75 movies on my laptop … There are some movies you need to see in a theater or see on Blu-ray. I think for some fans that’s important. I think some people will need to see this on Blu-ray, but some will need to see it on a Tuesday night at 11 p.m. on iTunes. I don’t think it’s an either/or thing." 

Film and TV licensing a music biz bright spot? Not so fast

Often hailed as one of the music industry's bright spots, the licensing of songs to film and television isn't immune to the recession or the general industry downturn, according to top music supervisors who spoke this morning at an industry conference hosted by Billboard and the Hollywood Reporter. Declining budgets for music, changing fee structures and broad single-artist deals, such as NBC's recent move to draft Bon Jovi as an "artist in residence," were cited as examples that could limit licensing opportunities in the year ahead.

As physical CD sales have tumbled, major label publishing revenues have experienced an upswing. For the nine-year period beginning in 1999, CD sales dipped 45%, according to Nielsen SoundScan figures released at the conference. Meanwhile, Warner Music Group's publishing arm Warner/Chappell saw a 19% uptake in film , TV and ad licensing revenue for the three-year period beginning in 2006.

However, ad spending for the first half of 2009 dipped 15.4%, compared with the same period in 2008, according to conference figures. Music supervisor and KCRW-FM (89.9) deejay Thomas Golubic, speaking on a morning panel about the state of music supervision, noted that music is the first item that will be cut from a production budget.

Some budgets become so low, Golubic said, that "you know you are making deals that are almost unfair."

Google ramps up music search capabilities

Today at the Capitol Records building in Hollywood, Google unveiled a host of new search capabilities designed to facilitate the online distribution of music. One of the more enticing new features is the ability to find a song for free streaming based on a lyrical query alone. MySpace and LaLa.com will provide the music, and search results will include album art and a special Google-branded player.

The player will come with a "buy" button. The user will purchase the music from the online retailer providing the stream. Thanks to Google licensing Gracenotes lyrics, Billboard also reports that a search for lyrics will now direct users to an authorized database, allowing users to stream or buy a track.

Alex Pham at our Technology blog covered the news today. An excerpt:

The search engine banded together with several music service sites that are responsible for streaming the songs on Google's search results pages. Searching for Coldplay, for example, will yield the band's album cover art, alongside four popular songs that users can play once for free. Once a song has been played by a user, they will only be able to hear a 30-second sample of tune. (The feature is being gradually rolled out over the next 24 hours, so some folks may not see the feature until tomorrow.)

Google itself isn't paying record companies for the rights to play millions of songs on its search page; its partners are.

Those include Lala, Pandora, Imeem, MySpace Music and Rhapsody, a subscription service from Real Networks. All have licensing agreements with record labels to stream or sample millions of songs online.

The Mountain View, Calif., search company said it's not interested in competing with digital music retailers such as Amazon and Apple's iTunes.

"We're not in the music business per se," said R.J. Pittman, Google's director of product for the music search project. "We don't license the music nor sell the music directly on Google. We are merely a music search feature."

But in steering millions of Internet users to these sites, Google is indirectly boosting its ability to compete with iTunes, which was responsible for 69% of U.S. digital music sales in the first six months of this year, and 35% of all music sales, including physical albums, according to market research firm NPD Group Inc. Amazon, the second-largest player, accounted for 9% of digital music sales and 10% of overall music sales.

Read the full post here.

--Todd Martens

Drama over the use of Sublime's name continues to build

A re-formed Sublime, minus late lead singer Bradley Nowell, is set to take the stage this afternoon in Devore as part of the two-day Cypress Hill Smokeout festival. Yet despite this being the first major appearance under the Sublime name by original members Eric Wilson and Bud Gaugh in more than a decade, the drama continues to happen off stage.

Silverback Management's Jon Phillips, who has acted as Sublime's co-manager since 2003, has responded to the increasingly heated battle over ownership of the name Sublime. Wilson and Gaugh recently opted to re-form under the Sublime name with a new lead singer. The estate of Nowell has criticized the decision by Gaugh and Wilson and has threatened legal action. Gaugh himself had earlier posted online that Silverback "would love to derail" the intended reunion.

Phillips has responded with a statement of his own. He writes that although Wilson and Gaugh are free to perform Sublime songs, "the fact that they have chosen to use the name Sublime is what has created a situation where there is confusion amongst fans, and disagreement between them and the Estate of Bradley Nowell."

To further complicate matters, Phillips writes that "Wilson is still under contract with us a management firm," although he notes that Wilson "has ceased his communication with me after a friendship and business relationship that dates back to 1993." Phillips notes that Gaugh is no longer associated with Silverback.

Far from Sublime: Battle brewing over reunion of famed Long Beach band [UPDATED]

Sublime - New Music - More Music Videos

Love is, apparently, what they ain't got.

Hours before the surviving members of Long Beach-bred surf-punk band Sublime are to reunite at the Cypress Hill Smokeout in Devore on Saturday, the estate of deceased singer Bradley Nowell has released a statement blasting the performance, and threatening legal action.

"Our hope is that Brad's ex-bandmates will respect his wishes and find a new name to perform under, so as to enhance the ‘Sublime’ legacy without the confusion and disappointment that many fans have expressed upon seeing the announcement," reads a statement distributed to the press, and signed by the surviving members of Brad's family, his widow Troy, his son Jakob and his father Jim.

The Smokeout performance would be the first major live appearance under the Sublime name in more than a decade. Original Sublime members Bud Gaugh and Eric Wilson are to perform with last-name-less vocalist/guitarist Rome. In the years since Nowell died of a drug overdose in 1996, Gaugh and Wilson formed the Long Beach Dub All-Stars, and Gaugh had recently formed a new band in Del Mar.

UPDATED AT 1:54 P.M.: Sublime surviving members Gaugh and Wilson issued a statement in response the estate Friday afternoon, declaring that there have already been unsuccessful legal attempts made to stop the band from performing.

It reads, "While we all mourn the passing of our brother and bandmate Bradley Nowell some thirteen years ago, Sublime still has a strong message of hope and love to share -- a  message that is especially important in these difficult times ... Brad's heirs apparently do not share this vision and do not want the band Sublime to continue and tried -- unsuccessfully -- to file a temporary restraining order to prevent the band from carrying on. Despite those objections, we are pleased that the United States District Court has allowed us to perform as Sublime for all of our fans."

This is not the first sign that there was tension over the Sublime reunion. Gaugh earlier wrote on his official website that there were behind-the-scenes attempts to "derail" the comeback show. Gaugh singled out Silverback Management -- the firm that counts Sublime among on its roster -- as the company trying to put an end to the Sublime reunion, and posted Silverback execs' e-mail addresses on the site.

Wrote Gaugh, "If it upsets you that a management firm, a suit & tie operation is attempting to destroy Bud and Eric's reunion, maybe write them personally and ask them why they would want that. Ask them to give a good excuse as why Brad's music shouldn't have the chance to live on, why Jakob shouldn't have the opportunity to be set for life as his fathers legacy along with the rest of the band have rightfully secured this for him. Send good ole Jon Phillips and Blaine Kaplan an email asking these important questions & demanding answers."

Supergroup Them Crooked Vultures joins crowded Nov. 17 release date

Rock 'n' roll supergroup Them Crooked Vultures has penciled in Nov. 17 for the debut of its self-titled debut album, a release date that's quickly shaping up to be quite the busy one. Them Crooked Vultures comes complete with an all-star lineup of Dave Grohl, Joshua Homme and John Paul Jones.

The act has been busy on the road, having appeared at the Austin City Limits Festival in early October. Yet a Los Angeles date remains elusive. In December, Them Crooked Vultures will head to Europe, and will then play Australia in January. The act has already hit such major American cities as New York and Philadelphia, and a press release teases more tour dates in the near future, yet does not hint at more North American appearances.

Early reviews have been raves, including the debut appearance of the band in Chicago. Of the act's Austin City Limits appearance, Rolling Stone wrote, "What’s most surprising about the live experience is just how nasty the songs are. Far from boilerplate modern rock, the music instead coils and snaps like a rattlesnake, a mile-high stack of filthy riffs powered by Grohl’s whipcrack percussion."

Them Crooked Vultures is the latest to jump in on the pre-Thanksgiving release date. It was also officially announced Thursday that British pop singer Leona Lewis would release her sophomore effort on the 17th, "Echo." Other artists releasing that day include "Britain's Got Talent" sensation Susan Boyle and "American Idol" runner-up Adam Lambert, as well as the latest efforts from non-TV-bred stars such as John Mayer and Norah Jones.

--Todd Martens

Photo: Them Crooked Vultures. John Paul Jones, from left, Dave Grohl and Joshua Homme. Credit: EPA

Producer Rob Cavallo's thoughts on saving the music biz: 'Why don’t we make it be more like Dickens?'

This week, producer Rob Cavallo had a hand in delivering the Warner Music Group another top 10 album, as the third release from Paramore landed at No. 2 on the U.S. pop chart. The burgeoning rock act sold 175,000 copies of “Brand New Eyes,” according to Nielsen SoundScan, the latest in a series of high-charting albums that bear Cavallo’s stamp.

The veteran producer/A&R executive signed Green Day to the major, and worked with the act on its late-career resurgence, 2004’s “American Idiot.” He was also behind the boards on Kid Rock’s smash, "Rock N Roll Jesus,"  which was released in the Warner family, and produced the recent Dave Matthews Band album “Big Whiskey and the GrooGrux King.” While the latter was issued via the Sony BMG system in the U.S., Cavallo is credited this year with bringing the band into the WMG family, which now distributes the group internationally.

The WMG rewarded Cavallo with  the  wide-reaching, newly created position of chief creative officer. The vaguely corporate title means Cavallo will be an in-house producer for the company, although he will still be allowed to work on select projects from other labels (he’s currently working on Adam Lambert’s debut album for RCA).

While Cavallo has held A&R positions within the Warner family before, he’ll now have a greater hand in developing acts and guiding the major’s transition into the digital age. I spoke with Cavallo on Wednesday for a short piece that ran in The Times' Business section, but the producer’s business thoughts were stricken from the final copy.

On the charts: Pearl Jam's Target adventure, Phoenix rising and Whitney's steady

Return to form: With "Backspacer," Pearl Jam scores its first No. 1 album in 13 years, Billboard reports. The set sold 190,000 copies in its first week in stores, according to Nielsen SoundScan. It's Pearl Jam's first release outside the major label system, but the band wasn't exactly going the DIY-route. In a move that surprised fans, Pearl Jam lined up with big box retailer Target for the exclusive release.

Long associated with an anti-corporate stance, Pearl Jam avoided major fan criticism by still allowing the album to be sold at indie shops and Apple's iTunes store. While "Backspacer" failed to land on the chart with the same impact of 2006's self-titled effort, which opened with 279,000 copies, it is on par with Target's other recent exclusive. Earlier this year, Prince went with the retailer, and ended up with the album "LotusFlow3r" landing at No. 2 after selling 168,000 copies.

Diva tales: It's another solid week for Whitney Houston. Her "I Look to You" is at No. 4 this week, selling 66,000 copies. That's a dip from last week, when she sold 156,000 copies -- a post-"Oprah" sales bump -- but brings her total to 620,000 copies sold to date. That's good news for Houston as the industry heads into the holiday season. With depressed sales making it relatively easy for a brand-name artist to stay in the top 20, Houston should be on target to rack up a bevy of Grammy nominations if she can maintain a consistent sales base.

Expect her to be joined on the chart next week by another diva -- Mariah Carey. Digital downloads of Carey's "Memoirs of an Imperfect Angel" are expected to be solid, as the album is currently retailing at Amazon.com for a budget price of $5.99. But album sales may not be a real indicator for the success of "Angel," as it's a truly ad-supported release, coming complete with sponsored liner notes.