-- EMI's Capitol Records group is suing video sharing site Vimeo for copyright infringement. Vimeo, a division of online media powerhouse IAC, allows users to upload user-generated videos of all types. The complaint claims that the Vimeo staff actively encourages users to upload videos of themselves lip synching to popular music without first gaining the licenses to air them. In some cases, even Vimeo staffers have done so as well. As such, Capitol claims Vimeo is not protected under the Digital Millennium Copyright Act's safe harbor clause, which is designed to protect services from the infringing activities of their users.

-- Primary Wave Music Publishing and Marketing has partnered with Def Leppard. Primary Wave will market and administer the band's catalog of songs including "Pour Some Sugar On Me", "Photograph", "Love Bites", "Rock of Ages," and "Armageddon It."

-- Mariah Carey has recorded a video that will accompany ESPN's NBA Christmas Day coverage. The video for "All I Want for Christmas is You" will air throughout the day on ESPN and ABC during NBA game and studio content.

-- iPhone app developer Smule - creator of the hugely popular I Am T-Pain app - scored $8 million in new financing in a funding round led by Shasta Ventures. The company has raised about $13.5 million to date.

-- Mobile music firm Thumbplay has appointed its CEO Are Traasdahl to chairman, with chief marketing officer Evan Schwartz taking over the CEO role. The company is developing a new mobile music application that will allow on-demand access to its music library from both phones and computers. Details are not expected until 2010.

-- Toby Keith's label, Show Dog Records, will merge with Universal South, according to a source close to the situation. Mark Wright, the current president of Universal South, will continue in his role and work with Keith on the label going forward. Keith's last album, "That Don't Make Me A Bad Guy," has sold 434,000 copies, according to Nielsen Soundscan. His highest-selling album is 2003's "Shock N Y'All," which has sold 4.4 million copies.

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