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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Result for: warner music group
eMusic has announced that it will be adding artists from Warner Music Group, the third largest record label on the planet.
The new deal will make 10,000 catalog albums available for downloading, but will not include new popular hits.
eMusic says it hopes to expand to 400,000 subscribers by the end of the year.
CEO Danny Stein added that the company is looking to make licensing deals as well, which will allow its catalog titles to be streamed to paying subscribers.
“We have a bunch of things in store for 2010 that will allow us to grow again and that includes streaming,” Stein added. “The biggest issue comes with the rights holders being able to take on new business models.“
Result for: warner music group
MOG has announced today the launch of MOG All Access, an unlimited music streaming service that will cost only $5 USD a month and has backing by the Big 4; Universal Music Group, Sony Music Entertainment, Warner Music Group, and EMI Music.
Says CEO David Hyman: “Our goal with MOG All Access was to build the best service for listening to and discovering music, period. To accomplish this, we’re providing access to millions of songs (just about everything), with a drop dead easy way to hear any song or album you like in an instant, from the convenience of your web browser. You’ll get access to MOG radio, a revolutionary listening experience that will forever change how you discover music and truly redefines what radio is, and killer tools for discovery through other users of the service. And you get it all monthly for the price of a beer. We’re setting the music listening bar.”
The company adds they have partnerships with thousands of indie labels and the service will launch with over 5 million tracks. “Millions more” are expected before the end of the year.
“Creating a great online music experience requires not only a large catalog of easily accessible songs, but also a compelling, easy-to-use platform that allows fans to discover, share and discuss the music and artists they are passionate about,” added Michael Nash, Executive Vice President Digital Strategy and Business Development at Warner Music Group. “MOG ’s All Access Pass offers fans a fresh and dynamic way to enjoy the music they love and a terrific way for our artists to reach their fans where they are most engaged. We look forward to working with MOG to make that user experience the best it can be.”
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