I do however have a lot of sympathy with Campfires & Battlefields’ statement earlier that once something is released into the public sphere the artists/publishers/whatever should have hugely diminished control over what happens to it. That is the nature of a cultural enterprise – culture is shared, not delivered.

Web Sheriff have recently been issuing take-downs well after the release of an album though, and this is daft, surely? I mean, I never leak anything prior to release, and no review ever comes before an album release date, and still I get these notices. Not that I am advocated unlimited free everything from the point of release, but I think that distinction should be made, and at the moment you don’t really seem to make it.

In terms of the legality of the thing, well that’s pretty cut and dried, but there is another point to be made here which gets ignored a lot: are you seriously arguing that bloggers posting two review tracks of their choosing is going to have a negative impact on sales of the new REM album? I know there is the argument about being able to cobble together the album if you surf enough blogs for a long enough time, but that is such a tiresome process that this sounds like an argument with very little merit, to me. In other words, the law should be protecting the artists, but I am not sure that there is any actual protecting needing to be done here.

Hi Toad,

Many thanks for your ‘song’ … .. we like the shiny badge too !!

Joking aside, you raise many, valid points – as do your contributors – and, fyi, Web Sheriff does not believe in persecuting fans for their enthusiasm and occasional over-exuberance and, as such, we routinely arrange for band management and labels to provide fans and blogger with at least 2 (full-length) preview tracks ahead of release … .. this shows respect to the blogger community, whilst also recognsing the important role that blogs play in promoting new albums … .. equally, if the blogs feature the preview tracks instead of trying to leak the full album ahead of release, they too are reciprocating this respect and a more harmonious, on-line environment is created.

Taking two examples that we have worked on at either end of the spectrum, The Raconteurs didn’t provide preview tracks (which would have negated from their rush-release-straight-to-the-fans concept, by which they wanted their fans to hear the whole album more-or-less straight from the studio and without the usual, lengthy, promo fanfare), but they did provide a widget for the video to the lead single, that all bloggers were invited to feature on their sites … .. at the other end of the scale, we were approached by a new, indie band at the weekend to do a ‘freebie’ for them … .. now, whilst Web Sheriff is a commercial organisation and a very busy one at that, we are all (believe it or not !!) music lovers and, as we really believe in this band and want to help them ‘make-it’, we have agreed, but again strictly on the basis that they offer 3 free / preview tracks off their new album to fans and bloggers, in recognition of the importance of blogs in the 21st century, music landscape (or should that be ‘netscape’ ?!).

Anyway, thanks again and we just wanted to reciprocate by providing this insight into Web Sheriff’s position.

All The Best,

WEB SHERIFF

re: the NLA (for that is indeed who were in touch, only I forgot their name as I was typing the previous), when I spoke with them/the disembodied voice she told me what I printed above. Maybe just an off day for her, or maybe not a priority of her list of remembering. When I worked, many moons ago, for the then Welsh Office’s DTI office I knew a lot of the people in the PO & I don’t remember them ever mentioning the NLA, or even it coming onto the radar of everyday work. Is it something that’s recently (i.e. in the last 5-10 years) come into being, or has it been all quiet & under the surface shark-like & we plebs don;t know about such stuff?

re: tCJE, i HAVE emailed 3 times – I suspect there’s a spam/junkmail bot/firewall or somesuch blocking my mails?? I’ll try again…

Having once managed a Council Press Office for three years, I can gurantee you that we all pay a hefty fee to an organisation called the Newspaper Licensing Authority (NLA)…..and we’re not all monkeys trawling newspapers……

Aside from that….I thought you were going to get in touch about Colorblnd James Experience????

That law is fucking terrifying. How on earth did they get anything so silly passed? Oh wait, I know, expensive lawyers and lobbyists on one side and no coherent, unified opposition on the other. Fucking parasites.

I took a call at the office a few months back from someone representing a copyright authority concerning itself specifically with the distribution of newspaper/magazine/printed article cuttings within & by what it deemed corporate organisations & networking structures.

The jist of the conversation was, if you cut out of a paper or somesuch an article (for arguments sake, but equally can relate to a cartoon you liked or something of interest whether or not) relating to your company in one way or another & then ‘distribute’ that cutting, whether in the form of an email/newsletter/push pin noticeboard/etc. to your colleagues in the office (even blu-tacing it to your computer monitor) then that is a breach of copyright as you are taking it out of its original copyrighted format & placing it into another level of public consciousness/awareness. This, obviously, also refers to external ‘distribution’ in the form of, say, publicity material as well.

I was somewhat sceptical, especially when the lady told me that there was a way around this breach that was to pay an annual exemption/licence fee which allowed such ‘distribution’ internally. There was a whole other set of rules & payments for external usage.

Company bascially palmed her off for about a month or so, the polite way of saying nice try, but fuck off, until we receievd a ratehr wordy solicitor’s letter explaining it was an entirely legit & enforceable law &, should we decide to ignore it, we were liable to find ourselves in court.

Fairly gobsmacked, we was, but pay the fee we did. A sort of PRS for the printed world.

I’ve since looked into it &, yes, it’s absolutely above board – apparently EVERYONE is subject to this (I asked them what about the press offices of local & national govt. because I know for a fact they have monkeys trawling newspapers & the like for any reference to their neck of the woods & they cut out the article, hi-light the relevant areas, sign & date it, mount it on white card & send it out to everyone in the local & national offices for reference & note. They told me, yes, they are subject too – but are rarely ever pursued due to the complexities involved) & eventually everyone will be tapped for it. The reason we were was simply because of the profile of the company & the fact we’d recently appeared on Radio 4 twice, BBC TV & in all of the broadsheets.

Which kinda begs the question is there another tier system in place in this copyright jungle, also?

That aside, what a totally ludicrous law – but I bet you never knew you/your place of work was even infringing it?