Who Owns A Promo Record?
Yes, it's an industry article talking about leaks. Using the unintentional leak of Beirut's last one by the Burning Man-bound journo Erik Davis. Again. But this one poses an interesting issue: "At no point do we as music writers enter into anything like a contractual relationship with labels regarding promos," Davis said. "We make no formal agreements with them about the material they send us. If it's my property, I can dispose of it as I see fit, within the boundaries of other laws."
There's an analysis of the First Sale Doctrine and the efficacy of watermarking, but the most interesting bit comes down to the proper function, use, and resalability of those goodies that clog up music writers' inboxes. Either that, or the fact that Erik Davis is going down in history as "that Burning Man/Beirut guy."
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Posted at 10:17 AM
Comments (7) latest by Jesse
i'm not sure but if you need an owner for that accelerate disc i hereby volunteer
Posted by: javier buchananeversonia at February 1, 2008 11:38 AM | ReplyScore = 0
um, I think that if you get a cd (via promo or otherwise) it's understood YOU don't own the song. that would be the songwriter and the master rights holder. nice try, burning man guy.
Posted by: m at February 1, 2008 12:27 PM | ReplyScore = 0
Most labels make a condition of accepting a promo that they can ask for it back at any time. Sounds to me like it's their property.
Posted by: promo expert at February 1, 2008 2:42 PM | ReplyScore = 0
I thought it was a little strange that Matt threw one of my answers to his interview questions (which were basically all about 'what does your station do with unusued submissions') into the middle of the article when it really turned out to focus more on watermarked copies and early leaks.
As far as watermarks go, technically by breaking the seal on most of those I've ever gotten, you are entering into a contractual agreement. It generally doesn't matter because I almost always break those discs in half and throw them away. They NEVER play on anything except a boombox from 1986 and are not practical for actually enjoying a disc.
Nine times out of ten, if I get a watermarked copy that I cannot get to play easily, I can go online and find a leaked version that is much easier and more practical to listen to.
Posted by: Shiv at February 1, 2008 3:00 PM | ReplyScore = 0
So am I just naive, or does this mean that the R.E.M. album is out there somewhere?
Posted by: brian at February 1, 2008 6:02 PM | ReplyScore = 0
REM Accelerate promo?? c'mon, you f*cking teases... make with the leak!
Posted by: Tsuru at February 1, 2008 7:29 PM | ReplyScore = 0
I haven't seen the new R.E.M. in the wild yet.
Posted by: Jesse at February 3, 2008 10:09 PM | ReplyScore = 0