Record label representatives have been caught issuing DMCA takedown notices for Radiohead’s In Rainbows album despite apparently not having any legal standing to do so.
Radiohead released In Rainbows online in 2007 after severing their relationship with EMI. It was initially offered online, with downloaders allowed to choose their own price - even if they chose to pay nothing.
The DMCA’s takedown provision allows rights holders or their agents to have infringing content taken down by service providers. But the rights in question would have to be for digital distribution.
A few months after it’s initial online release, the band made a distribution deal with a RIAA member, ATO Records, which doesn’t seem to include any digital distribution (ie download) rights.
In fact it appears that Warner/Chappell Music, a publishing company owned by Warner Music Group, is contracted to be Radiohead’s representative in digital licensing. Although public details of the arrangement are somewhat vague, Last.fm lists the company as the label for In Rainbows.
A guick search of the Chilling Effects database shows that the RIAA has included the album in at least one DMCA takedown request.
Another takedown notice which includes the album comes from the RIAA’s international equivalent, IFPI, which ATO Records isn’t even affiliated with. Even stranger is the frequent listing of In Rainbows in takedown notices by a Brazilian anti piracy organization called Anti-Pirataria Cinema E Música (APCM).
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While speaking in Des Moines, IA on Monday, Pandora internet radio founder Tim Westergren indicated that he believes webcasters and record label representatives are close to a deal on royalties for internet radio. The comments came at a gathering of Pandora listeners, which you can read more about in a new article here at Afterdawn.
Mr. Westergren took a few minutes to sit down with me and discuss the current state of Pandora and even speculate a little about the future. We also talked about devices that make it possible to listen to Pandora when you’re not sitting in front of the computer, including mobile phones and appliances that connect to both your home network and home stereo.
For more details about our conversation you can read the entire article on our Guides and Articles page.
