CAN MUSIC BIG-TIMERS FIX SAGGING SALES

After a particularly anemic year that saw double-digit declines in album sales and no true blockbuster CDs, the recording industry is looking to its fall releases to deliver some much needed multiplatinum magic. There's reason for some hope, as the acts expected to release CDs before year's end have in the past delivered more sales phenomenons than flops: Mariah Carey, Alicia Keys, Rascal Flatts, Carrie Underwood and even Britney Spears. And next week, the fall season begins with what is being hyped as an epic sales battle, with Kanye West and 50 Cent (and Kenny Chesney) putting out CDs on the same day. But whether any of them can sell the type of huge numbers that the industry enjoyed two, three years ago — or even last year — remains to be seen. While music sales have been on the downward trend the past few years, this year's slippage has reached alarming levels, and it's unclear whether the release of any artist — even two powerhouses on the same day — will prompt consumers to reach for their wallets. "We need both of those albums to be successful, those are two of our superstars," says music publishing executive Big Jon Platt of the Kanye-50 battle. "It's been a trying year for the business, in urban music for sure." "It's impossible to predict which artist will have the runaway hit to `save' the industry, but there are some very very strong candidates," said Bob Anderson, senior vice president of national sales at SonyBMG's Zomba label group, which includes Jive Records, home to Justin Timberlake, R. Kelly and Ciara. "It's really the aggregate of all these releases that will really help strengthen the industry for the year 2007." According to Nielsen SoundScan, album sales are down 14 percent compared to this time last year (sales for 2006 dipped 4.9 percent compared to 2005), and multiplatinum stars are finding themselves a little less multi- these days: For example, Norah Jones' second album, "Feels Like Home," sold more than one million albums its first week when it was released in 2004, but her latest, "Not Too Late," topped the charts with just over 400,000 sales — and was one of the biggest openings of the year. So far, the top debut of the year was Linkin Park's "Minutes to Midnight" album, which sold 623,000 copies for Warner Bros. of Warner Music Group Corp. The soundtrack to the Disney TV phenomenon "High School Musical 2" was close behind, with 615,000 copies sold, according to Nielsen SoundScan. However, music industry executives note that this year's roster of superstar releases has been particularly thin. "What happened was the industry got off to a slow start in 2007 given the fact that it was a fairly lackluster new release schedule," says Anderson. "The real success stories were somewhat few and far between." But even CDs that seemed destined to be strong sellers weren't the smashes that people had hoped for, including ones by T.I. and Kelly Clarkson, who had respectable but not stellar sales. The top-selling album of the year has been the band Daughtry's self-titled release, which, according to Nielsen SoundScan, has sold 1.9 million copies. At that pace, there might not be an album that sells more than 3 million this year. Industry optimists are hopeful that will turn around with the fourth quarter, which has been the traditional period for marquee-name releases, in time for the holiday buying season. "We have some very very exciting material that should be released between now and the end of the year to increase our numbers," says Tammy Genovese, chief operating officer of the Country Music Association, noting upcoming releases by Underwood, Chesney, Rascal Flatts and others. "There's always a sense of urgency when your numbers are down but I don't look at it (pessimistically)," she said. "I cannot imagine with the releases that are coming out this year that we can't exceed the numbers from last year. Will we? I don't know, but there's certainly an opportunity for us to catch up." The names alone on the coming CDs spark memories of the industry's better days: Carey, who has sold more than 60 million records in her career and who owned 2005's best-seller, the five-times platinum "The Emancipation of Mimi," is expected to release her follow-up for Def Jam of Island Def Jam Group; Garth Brooks, who trails only Elvis Presley and the Beatles in units sold, is releasing a greatest-hits disc with four new tracks; and 50-million seller Celine Dion, who has been off the pop scene while performing in Las Vegas for the past few years, has a No. 13 release date. Dion's competition that day: Spears, who hasn't released a new album in four years. While better known now as a tabloid train wreck, she is one of the best-selling and lucrative acts of the past decade, and her headline-making behavior, no matter how erratic, is guaranteed to draw interest to any new project. There are other multiplatinum acts due out as well, including the Foo Fighters, Keys (J Records: SonyBMG), Underwood (RCA Nashville: SonyBMG), Chesney (Sony Nashville: SonyBMG) and Rascal Flatts (Lyric Street Records: Walt Disney Co.), which was the biggest selling act of 2006 with 5 million album sold. And there are rumors that Eminem, who hasn't put out a new album in three years, might make a return this fall. "You always bank on your superstars, and this year it's a heavy, credible slate of superstars coming out, all these guys could eventually be multiplatinum, and probably will," says Platt, an executive vice president for EMI Music Publishing. 50 Cent, an artist at Interscope, a label under Universal Music Group, has sold 13 million albums off of just two titles: his 2003 debut, "Get Rich or Die Tryin'," and "The Massacre," released in 2005. "The Massacre" sold 1.1 million copies in just one week, but even 50 doesn't think he'll hit that mark with his new album. There's a new reality, he says: "I think now 1 million might be 700,000." In fact, 50 has doubts anyone can approach those eight-million sales marks that he did with his first album in the age of legal and illegal downloads: "We're experiencing (the impact of) technology right now." While both Genovese and Anderson acknowledge the hits the industry has taken from downloads, the array of entertainment options on the Web and other technologies, they believe record labels are adapting and could eventual reap the benefits of new technology. "I predict that the industry will soon experience million-selling sales weeks between physical and digital albums," says Anderson. Still, as optimistic as industry watchers are about the fourth quarter's promise, there is more than a bit of worry that the malaise will continue on: "If it doesn't (reverse), I don't think it will shock a lot of people," says Platt.

LUCIANO PAVAROTTI opera singer passed away

Luciano Pavarotti, opera's biggest superstar of the late 20th century, died Thursday. He was 71. He was the son of a singing baker and became the king of the high C's. Pavarotti, who had been diagnosed last year with pancreatic cancer, died at his home in his native Modena at 5 a.m., his manager told The Associated Press in an e-mailed statement. His wife, Nicoletta, four daughters and sister were among those at his side, manager Terri Robson said."In fitting with the approach that characterised his life and work, he remained positive until finally succumbing to the last stages of his illness," Robson said. Pavarotti's charismatic persona and ebullient showmanship — but most of all his creamy and powerful voice — made him the most celebrated tenor since the great Enrico Caruso and one of the few opera singers to win crossover fame as a popular superstar. For serious fans, the unforced beauty and thrilling urgency of Pavarotti's voice made him the ideal interpreter of the Italian lyric repertory. For millions more, his thrilling performances of standards like "Nessun Dorma" from Puccini's "Turandot" came to represent what opera is all about. "Nessun Dorma" turned out to be Pavarotti's last aria, sung at the opening ceremony of the Winter Olympics in Turin in February 2006. His farewell to opera was in Puccini's "Tosca" at New York's Metropolitan in March 2004. Instantly recognizable from his charcoal black beard and tuxedo-busting girth, Pavarotti radiated an intangible magic that helped him win hearts in a way Placido Domingo and Jose Carreras — his partners in the hugely popular "Three Tenors" concerts — never quite could. "I always admired the God-given glory of his voice — that unmistakable special timbre from the bottom up to the very top of the tenor range," Domingo said in a statement from Los Angeles. In Germany, Carreras told reporters he was "one of the greatest tenors ever." "We all hoped for a miracle ... but unfortunately that was not possible," Carreras said. Pavarotti seemed equally at ease singing with soprano Joan Sutherland or the Spice Girls, but he scoffed at accusations that he was sacrificing his art in favor of commercialism. "The word 'commercial' is exactly what we want," he said after appearing in the "Three Tenors" concerts. "We've reached 1.5 billion people with opera." In the annals of that rare and coddled breed, the operatic tenor, it may well be said the 20th century began with Caruso and ended with Pavarotti. Other tenors — Domingo included — may have drawn more praise from critics for their artistic range and insights. But none could equal the combination of natural talent and personal charm that so endeared Pavarotti to audiences. In his heyday, he was known as the "King of the High C's" for the ease with which he tossed off difficult top notes. In fact it was his ability to hit nine glorious high C's in quick succession that turned him into an international superstar during a performance of Donizetti's "La Fille du Regiment" at the Met in 1972. His name seemed to show up as much in gossip columns as serious music reviews, particularly after he split with Adua Veroni, his wife of 35 years and mother of their three daughters, and took up with his 26-year-old secretary, Nicoletta Mantovani, in 1996. They had a daughter, Alice, in early 2003 and married later that year. Pavarotti was born Oct. 12, 1935, the son of a baker who was an amateur singer. He had a meager upbringing, though he said it was rich with happiness. "Our family had very little, but I couldn't imagine one could have any more," Pavarotti said. As a boy, Pavarotti showed more interest in soccer than his studies, but he also was fond of listening to his father's recordings of tenor greats, particularly Giuseppe Di Stefano. In his teens, Pavarotti joined his father, also a tenor, in the church choir and local opera chorus. He trained to become a teacher, but at 20, he took part with the Modena chorus in an international music competition in Wales. When the group won first place, Pavarotti began to dedicate himself to singing. With the encouragement of his then-fiancee, Adua, he started lessons, selling insurance to pay for them. In 1961, Pavarotti won a local competition. He followed with a series of successes in small European opera houses before his 1963 debut at Covent Garden in London, where he stood in for Di Stefano as Rodolfo in Puccini's "La Boheme." Having impressed conductor Richard Bonynge, Pavarotti was given a role opposite Bonynge's wife, Sutherland, in a production of "Lucia di Lammermoor" and, then, in a tour. It was the recognition Pavarotti needed. He also credited Sutherland with teaching him how to breathe correctly. Debuts followed at La Scala in Milan in 1965, San Francisco in 1967 and New York's Metropolitan Opera House in 1968. Pavarotti, who had been trained as a lyric tenor, began taking on heavier dramatic roles. In the mid-1970s, Pavarotti became a true media star. He appeared in television commercials and began singing in hugely lucrative mega-concerts outdoors and in stadiums around the world. Soon came joint concerts with pop stars. In 1990, he appeared with Domingo and Carreras in Rome for soccer's World Cup. The concert and "The Three Tenors" record were huge successes, and the three-tenor extravaganza became a mini-industry and widely imitated. Pavarotti liked to mingle with pop stars in charity concerts "Pavarotti & Friends," held annually in Modena. He performed with artists as varied as Ricky Martin, James Brown and the Spice Girls. Despite his active charity work over the years, Pavarotti was dogged by accusations of tax evasion, and in 2000 he agreed to pay roughly $12 million to the Italian state. Pavarotti was preparing to leave New York in July 2006 to resume a farewell tour when doctors discovered cancer of the pancreas, one of the most dangerous forms of the disease. He underwent surgery. "I was a fortunate and happy man," Pavarotti told Italian daily Corriere della Sera. "After that, this blow arrived." The funeral will be held Saturday inside Modena's cathedral, Mayor Giorgio Pighi told SkyTG24.

J-LO WINS SUIT .....................................................................................................................

A judge Wednesday approved a $545,000 arbitration award to Jennifer Lopez in a lawsuit against her first husband, Ojani Noa, over his plans to publish a tell-all book. Los Angeles Superior Court Judge Michael C. Solner also issued a permanent injunction barring Noa from publishing negative, denigrating or disparaging details about Lopez. Solner approved the award, which was decided in April by a court-ordered arbitrator. It includes $200,000 in damages, with the rest going for arbitration costs and attorney's fees. The judge also directed Noa to give the actress-singer or her lawyer all copies of materials related to the book. Noa and Lopez, 39, married in February 1997 and were divorced 11 months later. Lopez's breach-of-contract lawsuit, filed in April 2006, accused Noa of violating a previous lawsuit settlement that prevented him from revealing private information about their relationship. Noa, who had been representing himself, asked Wednesday for another 30 days to find a lawyer. When Solner denied his request, Noa objected. "I think it's unfair, to be honest, your honor," Noa said. "I'm sure you do," Solner replied. Lopez's attorney, Paul N. Sorrell, said a previous judge gave Noa chances to get a lawyer and he never did. Sorrell declined to comment outside of court. Noa's unpublished, ghostwritten book claims that during the time of their marriage Lopez had multiple affairs, including one with her third and current husband, Marc Anthony, according to court documents. Noa offered not to publish the book in return for $5 million, her lawsuit alleges. In 2004, Noa sued Lopez for breach of contract, saying she lured him into taking a $1,000-a-week managerial job at her Pasadena restaurant, Madre's, then fired him five months later. Noa settled the case for $125,000 in October 2005 and agreed not to disclose information about their relationship or disparage his ex-wife, according to court documents. Lopez's suit claimed Noa's book plans breached that agreement.

BUSTA RHYMES NEW COURT DATE..................................................................................

Busta Rhymes has a new court date. A judge Wednesday postponed the rapper's trial until November after the prosecutor and the defense lawyer said they were not ready to begin. Rhymes was ordered to appear in court Nov. 7 for hearings on charges of attacking two men, driving drunk and driving with a suspended license. The 35-year-old hip-hop star (real name: Trevor Smith) has rejected a plea deal that would have given him a year in jail. He is accused of beating a fan and kicking a former employee last year, and also faces charges of driving with a suspended license and driving drunk. Rhymes, known for eye-catching outfits and an antic performance style, was dressed in a conservative medium-gray suit, a lighter gray shirt and a patterned gray tie during his court appearance. He left in a large SUV. His hits include "Put Your Hands Where My Eyes Could See," "Dangerous" and "Touch It." He also has appeared in movies, including "Shaft" and "Finding Forrester."

R.KELLY'S PORN TRIAL DELAYED AGAIN

R. Kelly is going to have to wait even longer for his day in court. Five years after being charged with child pornography, the R&B star's trial had been set to start on September 17. But a Cook County judge has postponed it because the lead prosecutor had a baby recently. Kelly was charged in 2002 and is accused of engaging in videotaped sex acts with an underage girl. Since his arrest, the case has been hit with numerous delays. A new date hasn't been set. Kelly's attorneys haven't conceded that he is on the tape, saying his likeness may have been computer generated. They have also tried to raise doubts about the identity and age of the girl. The case has been hit with delay after delay. Since being charged, Kelly has had six best-selling albums and three nationwide tours

GAME ORDERED TO STAND TRIAL

The Game was ordered Tuesday to stand trial on three felony charges after he allegedly pulled a gun during a pickup basketball game at an educational center in South Los Angeles. The rapper, whose real name is Jayceon Terrell Taylor, faces counts of making criminal threats, possession of a firearm in a school zone and exhibiting a firearm on the grounds of a facility for minors. A Superior Court commissioner ordered him arraigned on Sept. 25. The charges stem from an alleged Feb. 24 fight during a basketball game at the learning complex. Police allege Taylor, 27, grabbed a gun from his red Cadillac Escalade after punching a player on the opposing team and threatened to shoot him. Taylor remains free on $50,000 bail. If convicted, he could face more than five years in prison. A call to his attorney, Shawn Chapman Holley, was not immediately returned.

USHER WEDS AGAIN

Close to a month after they were pronounced husband and wife, Usher and Tameka Foster have sealed the deal once again. The twosome, who wed in a private civil ceremony Aug. 3, renewed their vows Saturday at the Chateau Elan Winery & Resort in Atlanta, with some 200 guests looking on, People reports. At the reception, guests dined on a sit-down dinner inside the resort's ballroom and enjoyed a five-tier white chocolate wedding cake for dessert. Among the attendees were Oprah Winfrey's BFF, Gayle King, and music manager Benny Medina. Usher's mother, Jonetta Patton, who reportedly disapproves of Foster, was not present, though she was by her son's side for the civil ceremony. The couple, who are expecting their first child later this year, were originally scheduled to wed July 28 at the Hamptons home of music mogul L.A. Reid, but called off the event at the last minute. Several days later, Foster confirmed she'd had a "pregnancy scare," for which she needed to be hospitalized, necessitating the postponement of her nuptials. Usher insisted that they still planned to marry and just days later proved himself to be a man of his word. "I exchanged vows with Tameka Foster in Atlanta on Friday and we are happily married," Usher said in a statement shortly after the civil ceremony. With two weddings now behind them, the newlyweds can finally get down to the business of honeymooning.

BOBBY BROWN NEW COURT EDITION

Bobby Brown is taking every little step to be reunited with his daughter. The former New Edition singer appeared in an Orange County courtroom Friday, where he sought to overturn a ruling granting his ex-wife Whitney Houston sole physical and legal custody of 14-year-old Bobbi Kristina. In court documents filed last month and made public this week, Brown claims Houston "has attempted to eliminate me from Bobbi Kris' life" since they divorced and she gained custody of the child. "I have not seen or spoken to my daughter since early June," he said in the filing, "and I have no prospect of speaking to her or seeing her anytime soon due to Whitney's actions." Houston responded with a court declaration of her own, claiming that Brown had been "almost totally uninvolved in taking care of [Bobbi Kristina]." The judge on Friday called for both Brown and Houston to give depositions illustrating their respective positions in the custody battle. Brown is due to give his at the same Orange County courthouse where the hearing took place, but Houston will be permitted to tape hers, as she and Bobbi Kristina have moved to Atlanta where she's currently recording a comeback album. The next court date in the case is scheduled for Oct. 22. "I'm looking forward to my day in court, hopefully it will come," Brown said during Friday's hearing. Houston did not appear in court and her lawyers did not comment on the judge's order.

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LIL WAYNE GOT A LIL PROBLEM

Lil' Wayne's got a lil' legal problem. A teenager who was injured in a melee that began when either the rapper or an unidentified member of his crew threw wads of cash into the audience during a gig at Maryland's Morgan State University last October is suing him for $1 million. According to the complaint, filed in Baltimore City Circuit Court on Monday, a copy of which was obtained by the Maryland Daily Record, 17-year-old Tyrique Layne alleges she was crushed in the ensuing stampede and lost consciousness, sustaining a "serious closed head injury" that has subsequently required long term medical care. As a result, the plaintiff claims to have suffered continuously from frequent and severe headaches, memory lapses and loss of concentration. Per university officials, the perpetrator tossed mostly dollar bills, along with some $5, $10 and $20 notes, into the crowd during the rapper's set in a stunt referred to as "making it rain." As fans scurried for the dough, two 20-year-old women were also trampled and were taken to nearby Johns Hopkins Hospital to be treated for leg injuries. Another female student was reportedly roughed up, but refused medical assistance. In the aftermath of the incident, Morgan State banned the Lights Out emcee from performing on campus. In addition to Lil' Wayne, who had opened for Busta Rhymes that night, other defendants in the suit include his label, aptly titled Cash Money Records Inc., and its parent company, Universal Records, along with Young Money Touring Inc. This isn't the only bad rap for Weezy. In August, Lil' Wayne was arrested in Atlanta for marijuana possession. He was released on bond, and a hearing in that case is pending. Then last month, the Grammy nominee was collared on felony gun charges by New York City's Finest, who pulled over his tour bus after a concert at Manhattan's Beacon Theater and allegedly caught Lil' Wayne smoking ganja with a companion. A subsequent search turned up a .40-caliber handgun, and both men were taken into custody and charged with criminal possession of a weapon and marijuana. Calls to Lil' Wayne's label rep seeking comment on the lawsuit were not returned.

WHITE POWDER IN DMX HOME..NOT DRUGS

Apparently, that dog won't hunt. Arizona authorities who raided the home of rapper DMX last Friday revealed that a fine white powder they thought might have been an illegal narcotic has turned out to be nothing of the kind. "We're still looking at what type of powder that is," Sheriff Joe Arpaio told local station KOLD News 13 on Tuesday. "But we did seize a usable quantity of marijuana. He does have a drug situation." Maricopa County Sheriff's deputies executed search warrants on the property in the Phoenix suburb of Cave Creek after being tipped off earlier this month about animal cruelty allegations involving a dozen "distressed" pit bulls owned by the 36-year-old emcee that were living in inhumane conditions. After warning DMX's reps that they might take action if the animals' care didn't improve, investigators decided to move in and evacuate the dogs, which appeared to be emaciated. While they were at it, they also sniffed around a bit. Aside from seizing a stash of the green stuff, officers discovered a mystery substance in his bedroom, which tests later found was not cocaine or methamphetamines as they assumed. No word on exactly what the chalky white stuff actually was. Also confiscated was a significant amount of drug paraphernalia, three dog carcasses that were buried in the backyard and a stockpile of assault weapons and ammunition. No charges have been filed against the hip-hopster, whose real name is Earl Simmons. Officials with the Bureau of Alcohol, Tobacco, Firearms and Explosives were working to figure out whether DMX had a permit for the guns, while detectives were seeking to determine how the canines died as part of an animal cruelty probe. Police did note however that so far they've yet to find signs of any dogfighting—à la the recent scandal that engulfed NFL superstar Michael Vick. X's New York-based attorney, Murray Richman, could not be reached for comment. But he had previously told the Associated Press that the rapper hadn't been to the house in months despite his neighbors' assertions that they had seen him a mere three weeks ago. As for the pot, he argued it could have belonged to any number of people visiting there. "The sheriff says he found it, I don't know if he found it, if he found it, I guess he found it," said the lawyer. "Does it necessarily belong to Mr. Simmons? Mr. Simmons hasn't been there in two-and-a-half months. Other people have. How does he attribute that to Mr. Simmons?" As for the dog situation, Richman said his client was "extremely disturbed" about any mistreatment and laid the blame with a caretaker who failed to do his job. "He loves dogs—he loves these animals," added the legal eagle. "Those dogs are practically his family." Not to mention a very big part of his gangsta cred. The trouble-prone rapper, who has "Pit Bull" tattooed across his back, named his 2006 album, Year of the Dog. . .Again and a greatest hits collection released last June, The Definition of X: The Pick of the Litter. But animal abuse allegations have dogged him before. In 1999, police raided DMX's residence in Teaneck, New Jersey, and uncovered a huge cache of guns as well as 13 caged pit bulls. After copping a plea in 2002 that spared him jail time, he ended up making a series of PSAs urging children to be kind to animals. The Ruff Ryder's rap sheet, meanwhile, continues to look like a dog chasing his tail. Earlier this month, a New York judge ordered DMX to pay a $242,000 judgment to a fashion company for failing to fulfill a contract to promote a canine clothing line. He's also wanted on a pair of bench warrants issued in April by a city court in White Plains, New York, for a skipping several pretrial hearings for two separate driving infractions. And in June 2006, police in Scottsdale, Arizona, cited him for carrying a concealed handgun outside a nightclub.

DIDDY TO PRODUCE "NOTORIOUS B.I.G. FILM

Diddy is set to executive produce a film based on the life of rapper Notorious B.I.G. The film will be made by Fox Searchlight films and directed by George Tillman Jr., who was the men behind the camera for the Barbershop films. An open audition was called in the U.S. yesterday (August 12) for anyone resembling the rapper to submit an audition tape, whether an actor or not. Tillman will direct from a script based on Cheo Hodari Cocker's book Unbelievable: The Life, Death & Afterlife Of The Notorious B.I.G. It will be co-produced by Biggie's mother, Voletta Wallace. The rapper was a major figure on the East Coast rap scene before his death in 1997 in a Los Angeles drive-by shooting. He was signed by Diddy's label Bad Boy Records. According to Variety, the film will focus on the side of the rapper "not seen in public life."

50 CENTS ERUPTS OVER LEAKED VIDEO

It has been reported that 50 Cent "erupted" during a meeting at his record label Interscope, after a forthcoming single and video--a collaboration with Robin Thicke--inadvertently leaked on to the Internet. Reported by MTV News, the track "Follow My Lead" was due to be released as the third single from the rapper's forthcoming album Curtis, and after current videos for "I Get Money" and "Ayo Technology" had dropped from rotation. According to MTV's sources, when 50 heard about the leak he reportedly ripped a plasma TV from the wall and threw his mobile phone through a window. He later talked about his frustrations during an interview with DJ Kay Slay on New York's Hot 97 radio station. He said: "The process has been ill for me this go-around. I usually have to start a project myself, as far as Interscope. I got to lead. On the first album, 'Wanksta' just took off before 'In Da Club' came about. When we got to The Massacre, I leaked 'Disco Inferno' and they caught up with 'Candy Shop.' "This album, I threw 'Straight To The Bank' out there, and 'Amusement Park' was the joint they were supposed to assist me with going after. But when that came, it grew at the same pace that 'Straight To The Bank' grew. And I was like, 'Yo, it don't feel like it's a difference in the support for the actual record.'" Clips from "Follow My Lead" have since been removed from YouTube, but have already been posted elsewhere. Described as a "laid-back, piano-driven" tune, the promo stars Dustin Hoffman as a psychiatrist.