Update: On Roadrunners Records, Warner Music Group’s relationship with AWMUSIC.ca

Charlie, who posts normally every other Mondays put in his normal album request list to me over the weekend. This involved Dream Theater’s latest release. It’s normally customary for me to just say hello and ask for a review copy. We’ve come up with reviews for CDs that we ask for (even if we’re a little late) and generally haven’t had a problem – perhaps a few unanswered e-mails but nothing like this.

Obviously we’re an MP3 blog (we still listen to label requests) – we have been an mp3 blog for almost 2 years now and I’ve been in contact with Warner Music Group since the beginning of the year at least. Now that’s no more.

Here’s a conversation I’ve had with Dean Pogue of Road Runner records – he handles promotion for Dream Theater and other Roadrunner Records artists which includes the likes of Nickelback….:


Dean Pogue:
Allan,

I had your email passed onto me about getting a review copy of the new Dream Theater. In looking at the site, you will not be added to our servicing lists at all as you offer people access to free MP3’s to artists music that you do not own acknowledging the fact by stating:

“All of the mp3s hosted on the site are for sample only and users are encouraged to support their artists. If you wish to have an MP3 REMOVED, please CONTACT Allan at acheng88@gmail.com and he will remove the MP3 ASAP.”

Are you paying for the downloads from your site?

Allan:
Hello Dean,

Yes being an mp3 blog and an attempt to be an successful blog we’ve offered free mp3’s that we haven’t been given clearance to. The point of the disclaimer though was to work with any labels or artists who disagreed with the use of mp3s and we’ve followed their guidelines.

I have a good relationship with most record labels (including WMG) and this is actually the first time I’ve been denied access to someone’s “servicing list”. We could have a review written on Dream Theater with your guidelines on what we can do as far as us being an mp3 blog but then again – the writer probably won’t be writing a review now. Unless he decides to pick up the album on his own which is unlikely as he has a stack of CDs to review he received from other labels so it’s your choice how to run your publicity.

D: Sounds good to me. And by “a stack of CD’s”…you mean “stack of promotional product” that you’re pirating.

A:Some labels work differently. We don’t pirate whole CD’s we give listeners the ability to sample material. Definitely a misunderstanding. As I’ve said: we comply with labels requests as we would’ve with yours.

D: There is no misunderstanding, piracy is piracy, being a full album or a single song. If a person wants to sample an artists music, there is a little site called myspace where anyone and everyone can go and stream music to “sample material”. You acknowledge below that you know what you’re doing is “without consent”…that is not “complying” that is not telling someone that you are stealing the content that they’re providing you with “for promotional purposes.”

A: Then again, at the very least you could work with blogs instead of not adding them to your “servicing lists”. We could’ve very well written a review without the normal mp3 to give away but it doesn’t seem like you are allowing that. You could’ve just simply said, “I can send you a review copy, I looked at your site and I won’t approve of any mp3s on this album on the site”. Instead you’d rather go the route of playing hardball and denying a band publicity?

D: I’ve never said I don’t work with blogs…unfortunately, I refuse to work with any outlets that are not up front about what they’re doing. Simple. That you are not.

In terms of denying a band publicity, I work a very large number of traditional print media, websites, blogs, radio and television – currently there are over 500 outlets on my servicing list. I feel pretty confident in saying that I think we have publicity covered…but thanks…I think we can make due and maybe sell a few singles on iTunes.

(This is where he strokes himself and tries to make me out as the bad guy). Shall I give Dean a pat on the back for the good job he’s done with Roadrunner records? Also, I’d like to point out “servicing list” sounds awfully naughty.


A: I’m sure you can do without me. Blah calling me not up front about what I’m doing is just low and is simply untrue. Are you not satisfied with the wording on that disclaimer? Because that’s all that you’re getting ruffled about – the wording of it.

D: Ummm nooo.

I work IN the WMG offices…here are two scenarios:

A) Outlet contacts said label and states: “I’d like to review your record and post free mp3’s on my site – yes the same song that is available on iTunes, that’s the one”
OR
B) Outlet contacts said label and states: “I’d like to review your records” (then you post free mp3’s on your site without consent)

Which one did you do? I can go back to the earlier email you’d sent my NY office and there is NO indication on you uploading MP3’s. (and please don’t reply saying you had no intention of doing so as you have posted mp3’s on ALL past posts)

That is not up front, it’s deceitful… I know as I checked when you said you had a good working relationship with them…I’M IN THEIR OFFICE.

I have worked for 3 of the 4 major record labels and KNOW FOR A FACT that NONE of their policies would allow you to post free mp3’s..much less band management. I work closely with SEVERAL of those major artists that you’re pirating and they would NEVER authorize that.

So I could A) Ask and be rejected or B) Don’t ask. P.S. We don’t have mp3s on all posts. Most – yes. Not all because we had specific requests to accommodate. I actually don’t understand what he’s saying about being in their office. I’ve had contact with WMG before and they contacted me today about the issue. Obviously Dean Pogue has quite the influence (obviously much more then a lowly blogger) having worked in 3 out of 4 of the major labels (another pat on the back). This guy just likes to stroke himself, obviously he’s quite the successful guy with his 500 outlets. What does this have to do with the fact that I’m deceitful?

My last reply, ignoring this guy now:

A: Hey,

I’m being deceitful by just asking for a review copy? I wouldn’t know which mp3s the writer would want to use, so how I would ask for permission for a CD review that would be posted at a much later date with unknown mp3s.

I definitely wasn’t being deceitful. We’re an mp3 blog who posts mp3s with a disclaimer at the top of the page. You knew I was an mp3 blogger from looking at my website how did I trick you there?

Isn’t that the point of it all: you guys wouldn’t authorize it in the first place. What would be the point in me asking again? So you’re just denying my request on the basis that I’m an mp3 blog? We could’ve still ran a review without the mp3s but w/e I don’t care anymore.

So you know that they (WMG) had my contact info and contacted me right away then? It’s not like they didn’t have it or anything.

Whatever I’m done.

All in all. Dean Pogue is a jerk. While this is going in, I get contacted by WMG (probably the work of Mr. Pogue) to remove all mp3s regarding WMG artists and that we would be removed from their promotional lists. The caller, also said dumb statements like “You Should Have Known Better” etc etc. We were contacted by Warner Music Group in the first place, why? Because we were an mp3 blog. Why contact me in the first place or send out promos like the Green Day album. They either knew what they were getting into or are not very smart. I guess I could live with the latter and they are now just fixing their mistake. Anyway they referred me to this page for their artist list. I think I covered all the artists (by deleting their mp3s) but the list is really hard to go through. Please at least have a nice list so I don’t miss something.

I don’t care enough. It’s not a big blow to us, it definitely had a few perks getting promo copies from Warner Music Group. It’s not the be all end all and we won’t be covering them for the near future.

I said clearly in the e-mail above, we’d work with them by writing a review that complies with their guidelines (e.g. without an mp3, approved mp3s or alternate streams) but Pogue decided to call me “deceitful” by having a disclaimer on my mp3 blog. Pogue likes to spin things, saying no artists would authorize the use of free mp3s, but you are a liar for not asking! OMG!

So they blacklisted me and because that’s how they handle things without room to work with people (at least I take the example of how they handled themselves with me very seriously). We have no choice but to deny reviewing Warner artists (whether it’s because we don’t receive promos or even when our writers buy Warner records and want to review them – they will be turned away) because of their unprofessionalism.

I wanted to let our readers know. I’m very peeved/pissed off right now at WMG/Roadrunner Records both which have an office in Toronto. It may very well affect how I edit the content within these posts so for now until cooler heads prevail, we’ll just avoid those group of artists altogether. They don’t need us and we definitely don’t need them (keeping it more indie!) – what a wonderful relationship we have now.

Update: June 23, 2009.
Today I was contacted by the RIAA and I complied with their takedown notice. Not a big deal, we get this once in awhile and we are happy to cooperate. We are a friendly blog with major labels. I think the biggest issue in this post is how Roadrunner Records have handled themselves. As with our relationship, it also means I don’t plan to infringe on their artists anymore for the next while so why still hostile? :

From Rose Slanic of Roadrunner Records (General Manager):
Please remove all MP3’s of RR product from your site. I believe you have OPETH up there.
We have informed other labels, have gone to CRIA and our legal department.
I suggest you remove your story about RR and Warner as you are showing your omission of guilt.

Note: Opeth was taken down. They just didn’t bother to check the post. As for threatening legal action: we shall see but they can’t say I haven’t complied to their requests. Even if my disclaimer sucks according to some commenters (if you’d like to suggest a better one, feel free).

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28 Comments


  1. Smansmith — June 22, 2009 @ 8:50 pm

    A simple – Yes, here is a copy – please note track “X” is the approved media to use / please note track “X” can be streamed media only/ please note we are currently not offering downloads of any tracks from this album. There has got to be a way around this, Warner should offer an off album demo or something as an alternate, it is just smart to offer sampling MP3s to the masses these days.

    Or simply say, thank you for your interest in the product I in fact am promoting, but we are full up with the hype we need. My artists DON’T NEED music blogs. By his own admission, any blog with a “disclaimer” is one Warner Music absolutely does not deal with. I wonder how many music blogs don’t have this disclaimer these days. I wonder what his clients actually think as opposed to WM themselves – but whatever it is WM “property”…

    A little rough all around, but somebody should welcome Warner Music (and Mr. Pogue) to the 2000s – its called music blogging, son. Sorry you had a douche to deal with Allan.

    S.

    oh, wait…isn’t Metallica on Warner?? ’nuff said. ;-)



  2. nancy — June 22, 2009 @ 9:15 pm

    The part where he was like “you are being deceitful” just came out of left field. It’s like he thought he was a regular Sherlock Holmes finding out that we post sample mp3s with reviews.



  3. Millie — June 22, 2009 @ 11:06 pm

    Woah.
    A little extreme, don’t you think?
    Wanker.



  4. Allan — June 23, 2009 @ 2:04 am

    Millie: Is it a little extreme to not cover Warner artists? I definitely don’t think so. I clearly don’t like Warner. They don’t think we’re good enough for them and I don’t think I could objectively post something nice about them for the near future. It’s a fair deal anyway and I could probably care less. Calling me a wanker is nice – I do like to wank it thank you very much.

    @Nancy: Haha he was like “HAH! You should’ve asked to post mp3s but then goes on a rant that 3 out of 4 labels would’ve never approved them. Therefore you are deceitful”.

    @Smansmith: I would’ve preferred them to say it was label policy that Mr. Pogue wouldn’t work with me. Sadly he legitimately is the type of person in the RIAA people hate. He’s a hack and unfortunately there’s no reasoning with the guy.

    He had to spin it such that I was untrustworthy and a liar in order to prove that being an mp3 blogger was wrong and pirating etc etc. I was really shocked at how he took things, it was more then just “pirating” mp3s to him it seems.



  5. mersenne — June 23, 2009 @ 2:22 am

    it’s your mistake. why are you still covering those filthy major labels when there’s tons of good stuff out on the indies. let them die already by giving them no attention. :)



  6. Allan — June 23, 2009 @ 2:28 am

    Mersenne: We like a mix of artists. I can’t fault or force a writer to like what they want to. They shall post on whomever they like: that’s how I edited things.

    Even then: We had maybe 5 WMG artists and ZERO Roadrunners Records artists.

    Definitely not our mistake. We weren’t hurt by it. I don’t really believe all major labels are filthy (Song BMG has been very good – though sometimes too send-happy). There’s good stuff in both places and there are a handful of artists from WMG I like: E.g. The White Stripes.

    I guess I wanted to give WMG a chance and they really failed once I asked for a review copy of an upcoming album to review…putting that in context seems a bit strange. We didn’t leak anything… we asked nicely for something unrelated.



  7. ack — June 23, 2009 @ 6:48 am

    Well, he obviously wasn’t nice about it, but honestly it’s a major label. They don’t need the press, never let blogs they know about post anything (except in stream mode) and bloggers obviously aren’t scared about a simple take-down notice anymore… so what else can they do? I know everyone says MP3 blogs help bands, but I wonder how true that is anymore when the bands actually have a budget and need to sell singles/records for their label to recoup as opposed to bands that play to 5 or 6 people in the opening slot.

    We can all say how we hate the RIAA and preach how majors don’t get it, but at the end of the day they are losing money because no one buys records and posting illegal MP3s is just that…illegal. No matter how you try to spin it (”Even then: We had maybe 5 WMG artists and ZERO Roadrunners Records artists. Definitely not our mistake.”) and how much of a dick the person telling you not to post it is.



  8. Bob Smith — June 23, 2009 @ 10:57 am

    Wow, the level of intelligence is incredible on this site. Does anyone on here, including the insightful blogger, actually know the legality behind this?? It’s not about the “big bad” major label necessarily, try publishers, the artist, managers, SOCAN etc…unless they all approve this, it’s illegal! Wake up!

    If you ask for approval dude…you’ll likely get it! Your disclaimer is pathetic.



  9. nancy — June 23, 2009 @ 2:07 pm

    Ack, while it is absolutely true that major labels don’t need mp3 blogs, especially not this specific one, it was WMG that contacted AWmusic first to send promo materials and ask for reviews.

    Bob, no one is arguing about the legal issues here. The problem is that Mr. Pogue twisted the story so that Allan was some sort of shady character who was asking for a review copy only to secretly leak mp3s on the internet. This is simply not true. He handled the situation unprofessionally.



  10. Allan — June 23, 2009 @ 2:13 pm

    Bob Smith: It depends. We can ask for approval but it makes it harder to run. We do run mp3s that we’re allowed to post. We have the emails they send us.

    I’m only talking about one bad major label ;) . Perhaps just one portion of one label. Sony BMG is good in my books.

    Anyway they threatened to contact the CRIA if this story isn’t taken down.

    The RIAA just told me to remove MP3s so I just removed some more. No big deal, been meaning to delete those mp3s anyway.



  11. concerned reader — June 23, 2009 @ 2:14 pm

    Again, as similarly posted in my earlier response to your Polaris Prize Sucks screed, this site needs to focus more on the work, the act of writing, and the music you exist to promote.

    Sure sure sure. Major labels are a dinosaur relic of the past. Their attitudes towards internet blogs and free .mp3s are outdated and misguided. But in this case, as much as the big scary major label is without doubt an aged beast with its head up its ass, you and this site come off as spoiled brats. You make claims this fellow acted unprofessionally, but that’s simply an example of the pot calling the kettle black. Who are you to publish this man’s telephone number, or put your correspondence with him up online? You’re acting no better than Warner Music Group. You want to be considered on the same level as those asked to get involved with the Polaris Music Prize’s voting process. I’m afraid you’re a long way off from that.

    And to think, all of this started over fucking Dream Theatre. Dream Theatre!

    Good luck with this site, but with the reactions I’ve had with it today alone, I don’t think I’ll be back to read it again.



  12. Allan — June 23, 2009 @ 3:11 pm

    Dear Concerned Reader:

    I took down his number. I didn’t say call it, just to show he existed and I’m not going to tell people to prank call him. This conversation was very real.

    As for publishing this correspondence. I think I decided to post it because: I was pissed off. If I’m a long way off from the Polaris Prize jury consideration – then so be it. I like the Polaris Prize and would like to be part of it. It’s also fun to be on the outside and just criticize ;) but if you feel I am undeserving then I guess I don’t deserve it.

    Besides as for posting this. I was showing my experience with the first person, I’ve disliked within the industry and whether that makes me shady like Roadrunner Records then so be it.

    It was important to let my readers know: no more Warner Music Group because: “X happened today”.

    Also I’d like to make it clear, I never had a problem with Warner Music Group. It all probably stems from Roadrunner Records forcing WMG’s hand and contacting all their other labels.



  13. Radar Trend » Update: On Roadrunners Records, Warner Music Group's relationship … — June 23, 2009 @ 5:29 pm

    [...] here:  Update: On Roadrunners Records, Warner Music Group's relationship … (0.00%)  Loading … June 23, 2009, 3:00 pm asdfasdf Radar Trend© [...]



  14. Jon — June 23, 2009 @ 8:44 pm

    This is amazing.



  15. concerned reader — June 24, 2009 @ 3:39 am

    I don’t think it much matters that you didn’t give direction as to what you would like your readers to do with that man’s information. You had a disagreement, yet put up someone’s private contact details, which is petulant and extremely unprofessional.

    You also say that if I don’t think you’re deserving of Polaris Prize stature, then you don’t deserve it. You’re sounding like an upset kid in a sandbox.

    Evidently you have a lot of energy to put into this website. You also aspire to joining the ranks of great, well-written, well-presented websites of similar interest. You’re going to have to learn how to focus on what’s important.

    Consider it this way: Instead of copy and pasting your at-times moronic exchange with a major label suit-and-tie fellow, why not turn that experience around into a discussion on the role and — as you’ve pointed out more than once, the near necessity — of the presence of sample .mp3’s on music blogs such as your own. What could have been an interesting conversation between yourself and your readers, is instead a portrait of you pouting in the corner.

    And I repeat: you went up against the wall for Dream Theater. You went to war with fucking Roadrunner Records. If you’re looking for humour, I don’t imagine I’m entirely alone in spotting quite a lot of it there.

    Wash your hands. Grow some editorial spine. And talk about the prevalent issues in music vs. some insipid e-mail flame war.

    I’ll admit my patience with this site is extremely worn thin, but for some reason I think you might have the potential to actually focus on what you’re here to present and do and turn it all around. Good luck.



  16. Allan — June 24, 2009 @ 4:59 am

    “upset kid in the sandbox”: just an annoyed kid in a sandbox. What else is a blog for heh. We’re really just metaphorically talking in a sandbox with the hopes that we’re talking to somebody. So I want to pout all I want lol. Really am I supposed to act like I’m better then them? I’m obviously not and I don’t think that’s the right way to act. “Being the better person” just means being the more behaved person. I’ve learned that being a big brat gets you more attention ;) . They tooled me around as if I killed a family member, much earlier then me posting the e-mail conversation.

    His personal information (e.g. his office number) was widely shared on his e-mail. If you don’t want it to be dialed, don’t have it in the e-mail. Was it a bad call on my part? Yes but it was something I was overlooked. I obviously had it removed so it’s a moot point.

    Personally, while we could discuss the importance of .mp3s – it’s been done before. An attempt to create discussion could be had many ways, whether it starts from me looking like a brat – so be it. We’re discussing stuff now and the times we’ve had well written “discussion” posts – they’ve failed. Unfortunately, most of the time there are comments are when there are fallacies in our arguments.

    IT IS a prevalent issue in music in my opinion. The thing is, major labels were pretty cool until this point but it’s been stated that Warner Music Group has issues with mp3 bloggers. In actuality, it just seems like Roadrunner Records had the issue and not WMG.

    I also find the argument odd: they are from X label you are the enemy and they are not logical. It doesn’t make it right for them to be a douchebag. A jerk is a jerk and I’m calling Mr. Pogue one.

    I may have failed you on the potential already (because we have different philosophical view points).

    As for humour: to me it is funny. I was being jerked around for asking for a review copy of Dream Theater. We had no intention of covering them after he said no. I just was talking to him by e-mail and he really took it the whole 9 yards. That’s why it’s funny. I’m really just shrugging my shoulders as to why it’s so important to Roadrunner Records. It isn’t even about Dream Theater anymore.

    I guess while we should have bigger editorial standards, we can’t forget we’re just a blog at the end of the day. So we can choose to be “better” then that but we’re also trying to give off more of a personal feel rather then a blog that just reviews albums and says nice things.

    Why wouldn’t I want to post something that Roadrunner Records clearly wants to be taken down? I didn’t really change anything because we honestly both look bad (I don’t have an image to protect). There’s always room for anything on a blog and I’d prefer not to limit ourselves. I don’t think I’d very good at being that ‘perfect’ writer, I’m not a great writer at all. While, I’m working on it – I think part of being on this blog is to show you that I’m quite flawed as a person, writer, reviewer, editor – whatever it may be and I’m quite proud to show off my moments of weakness.



  17. Peter — July 24, 2009 @ 9:54 am

    Well, this is one of the most tragically ridiculous posts i have ever read. Whether you like Mr. Dean Pogue’s attitude or not, he’s just doing his work and defending his artists and record labels rights. Anyhow, how old are you? 16? You think that by posting a stupid disclaimer everything is alright? You’re giving away something that doesn’t belong to you. That’s illegal, end of the question.
    It’s even more upsetting to see some people agreeing with you. If we were talking about something else, probably they would think otherwise. Perhaps, if instead of music your stupid blog was giving away cars, people would think “damn, that must be the reason why the industry is going down and there is so much unnemployment in the sector”. But music is always seen as something different. They have no clue about how many dozens of thousands of people lost their jobs because of piracy which is what Allan, the real jerk is doing.
    You even offend real bloggers. A blog is a place to drop oppinions, share ideas and thoughts. On any case to share something you are entitled to.
    To end, i wish Mr. Dean Pogue gets to know about this post of yours and charges legally against you. You’re such a a low class, that you dared to expose some private discussion in public, and only to make a fool of yourself.



  18. Allan — July 24, 2009 @ 11:07 am

    Doing his work? Hiding behind his work is not trying to piss off some random blogger by calling the works on me. He definitely went out of his way to try to be all cool and tool me. He’s definitely done more damage to his artists and record label rights. I explicitly said I didn’t have to give away his artist’s mp3s. Instead he proceeded to talk about how much people he has on his list and how it was soooo important to call me deceiving. Talk about trying to put an effort to have a relationship with a blog that does have an opinion on shit. (FUCK YOU I don’t need a lecture on what a blog is)

    Peter: you are either a friend, someone who works with RR or a major label nut who’s just as backwards.

    RR would have nothing on us. We blogged on ONE artist. We had an Opeth review up with non-working mp3s. If this got their balls twisted, they have a lot more issues then just some blog run by a “16-year old”.

    The industry isn’t suffering as much as you’d like to think it is. WMG is struggling though and it’s clear that mismanagment by people like Pogue could very well be their downfall.

    We don’t leak material and we work with label requests. Which includes offering streams to artist’s material. Pogue doesn’t understand that lol.

    Again, the conversation reflects poorly on both of us. Is it shady to put up a “private” conversation (no disclaimer on his e-mail) up on the internet? Yeah but he’s also a prick that was actively trying to piss me off. RoadRunner Records doesn’t want this post up so this one is up there as my fuck you to them.



  19. Jon — July 24, 2009 @ 11:40 am

    OK, Allan we have to clear one thing up.
    Giving out the MP3s without the explicit permission of the label, is illegal. We have to be straight up about that or this discussion can’t begin.

    Peter, you my friend, are living in a dream world.
    In the battle of records versus MP3s, MP3s won years, and years ago. It’s over. And I’m sorry but if someone wants a free Dreamtheater record off the internet, they ARE going to get it.

    Do you REALLY think that when people want to “steal music” they go looking for MP3 blogs with two songs from the album?
    No, they go to torrents, upload sites, peer to peer networks, and the like. They’re ubiquitous and there IS no stopping them. Most record labels realized that years ago. UMusic and WMG didn’t. Oh well. That’s why they’re downsizing 20-80 people per year and are slowly disintegrating into nothing.

    I think at this point yes, we have to swallow our pride and make with the demands, which Allan has done 100%. All WMG stuff is gone, we don’t promote their artists, don’t review their albums, which will cause people to: buy their records, go to their shows, buy their merchandise, etc. Oh well.

    But to say that having two MP3s from an album up on a blog where it is, and always will be available HUNDREDS of other places, is damaging the artists is just plain stupid.

    You need a reality check. It is people like you who have killed the record industry.



  20. Jon — July 24, 2009 @ 11:42 am

    **which would cause (not “will cause”)



  21. Peter — July 24, 2009 @ 2:09 pm

    Jon: it all comes to each one of us as individuals, and to our personal education, formation and moral. I’m sure you’ve heard this a thousand times, and who am i to lecture anyone, but would you steal a car? a purse? a cd from a store? The point is if you want a mp3, go to a digistore and buy it. there are loads around. the percentage of artists that get enough from gigs to survive or live decently is microscopic compared to those that have zero concerts or other kind of performances on their agendas. their income comes entirely from selling their music, which is their work, their job. blogs like allan’s, torrents, p2p, etc are just ruining the business. can we fight it? well first we should grow as persons to understand it is wrong.
    Unfortunatelly you seem to be completely ignorant about the music business Jon. Those 2 mp3s you had on the blog represent thousands of dollars on sales. If you help spreading the free copies around, people won’t buy them. If we’re talking about an indie artist, and considering a platform of 300 digistores around, we are easily talking about 7-8k dollars. If it’s an averagely known artist, it goes up to 30k. If it’s a well known act, then it overlaps 50k. And i’m not considering the damage on physical formats, that you obviously don’t appreciate due your lack of sensibility. It all comes down to what is right and wrong. You don’t advertise, you don’t expose. There are adequate channels for that. Channels that don’t compromise the industry. There will always be piracy and problems, yes, but using that as an excuse to keep your “blog” running? absolutely not. Like global warming, there will always be polution, but would you use that for an excuse to keep your factory damaging the environment? And don’t bother saying this comparaison cannot be done, that would be another proof of your childish perspective.

    Allan: One thing you’re right, i worked in the music business (indie label) and saw dozens of friends going down the drain with music piracy. fortunatelly i had other options and changed to other business activity. As for getting sued, i guarantee you, you’d be in trouble and so would be your blog-wannabe.
    You have no clue whatsoever about the music business, and even less about laws. If you don’t want to get yourself any trouble in the future, i’d change that attitude. You have given Dean Pogue and his label the tools to screw you, and i believe he has already showed you a little sample of his power.
    Ah, also it would be very nice for you to grow up :)



  22. Peter — July 24, 2009 @ 2:25 pm

    Peter:

    Alright bigshot, before you start claiming that I know nothing about the music industry I’ll start by explaining to you that I’ve worked in virtually every facet of it, including an indie label and one of the big 4 record companies.

    And without venturing into hypocrisy, I’ll just say that resorting to personal attacks when you’re trying to have a discussion about this is the ultimate in childish.

    Next, it’s amazing to me that someone who worked at an indie label and claims to be so well versed in the industry would believe that two songs posted on a blog site translates into thousands of dollars.

    I have already acknowledged that for Allan to put up a fuss when he hadn’t gotten permission in the first place to put up the mp3s was wrong, and yeah to be honest it did make him look kinda dopey to post the whole conversation. I myself believe that in this instance, although Dean overreacted to a blog that would not affect him greatly, he was in the right.

    Now allow me to clear this up.
    Sharing music is NOT on par with sharing a car. You have to wake up and understand what most people in the music industry have come to terms with for years (except the 50, 60 year olds stuck in the days of cash cows, artist exploitation and easy profit – you would be in this group)

    I have interviewed many prominent artists for this site and a radio show I used to broadcast, and ALL of them (with the exception of Underoath) have not only said that they support music downloading, but they do it themselves.
    One of these artists was on Roadrunner!

    The truth of the matter is, if someone hears one or two tracks they like on a blog, they’ll either buy the rest of the album digitally, or they will take it from a torrent. If they really like it, they’ll buy the album in store, they’ll go to all their concerts, buy their merchandise.

    I download music on a daily basis but I still buy CDs ALL the time. I believe in supporting artists whether through going to their shows, purchasing their CDS, or buying their merch (which is the main source of income of them, NOT CD sales)

    Anyone who believes that CD sales are the main source of income for an artist is either stuck in the year 1975, never worked at a label in their life, or spent the entire time with their head buried in their ass.

    Which is it Peter?



  23. Jon — July 24, 2009 @ 2:26 pm

    Haha, suppose that should have been my name at the top…not yours….oh well



  24. Allan — July 25, 2009 @ 7:45 am

    Peter: I’m happy with being 4 thank you.

    Jon: While we may be doing something illegal, RR has nothing illegal to actually book me on. It’s sort of like doing something illegal but 90% of what we’ve done has received zero issues.

    I don’t think we had any (do I need to bold this?) active mp3s on Roadrunner artists.

    WMG artists are a different story as their roster is huge and almost seems unavoidable to not cover a WMG artist. I do however, allows artists to request the right to not have any mp3s up and RR certainly had the chance to. Should I ask more permission? Probably but I’ve been working on the “don’t ask because you won’t get permission”. Based on experience.

    Peter:
    The problem with the mp3 as stealing revenue is very hypothetical. An mp3 downloaded doesn’t mean that the person who downloaded the mp3 would buy it.

    Even then, we cover more then a few unknown artists and rather dip into the major label ones. So by your estimates, the damages we cause ain’t so bad.

    As for RR, they haven’t done anything since and it’s a fair deal that we won’t have any relationship going forward. Making me delete mp3s is not a big deal and I’d follow that protocol if I received more notices and more contact from these labels.

    I don’t know what your issue is with calling us a blog-wannabe. You must have high standards of what a blog actually is. Seems like a rather dumb thing to say.

    P.S. I know it was a dopey thing to post and immature. However, I’m still glad I did it. I don’t hold myself to any “standard” – I’m a freaking blogger. I didn’t enjoy Dean Pogue’s power trip and whether I should just accept that he’s a major label brainiac or not – the only power I have as a blogger is to write something on my blog. Whether or not you agree with me, the response has been more then I expected. Sometimes you have to have no shame.



  25. Jon — July 25, 2009 @ 4:17 pm

    Allan, you have to acknowledge that what you had running WAS illegal. I agree with you, it does absoloutely zero damage. And for this guy Peter to argue that it causes record companies to lose thousands of dollars every year because a Canadian music blog posts TWO mp3s of an artist for promotional purposes, is BEYOND stupid.

    However, it still is against the law to post something and you have to swallow your pride and say, you were wrong, maybe Dean overreacted but you have no argument. If it were to go to court, you would lose. Thats just the way our laws are right now. You HAVE to acknowledge that.



  26. Allan — July 25, 2009 @ 4:28 pm

    I actually can’t acknowledge that what I have running is illegal (I was told that is actually an omission of guilt). So while I won’t say what I’m doing is kosher, I refuse to admit guilt. I’ve done nothing wrong with RR. We follow C&D’s though we have not gotten one.

    They actually wouldn’t have the evidence to find me guilty. Mp3 links to non-working mp3s? They’ve got NOTHING on me.

    To admit guilt is to welcome a lawsuit. So to say I have no argument over that is not fair because otherwise I have my hands tied here.



  27. Allan — July 25, 2009 @ 4:31 pm

    We are also in Canada. The laws are quite different and as long as we don’t have leaked material on our website or we don’t follow C&D orders, there’s nothing to worry about it.

    It works perfect that we aren’t covering their artist.



  28. BadPinkRecords — August 8, 2009 @ 1:12 pm

    I was going to respond to this without name calling. But seeing as Peter has already started this shit, then Peter is another way to say dick!
    I totally understand that artists need to get paid for their work and the entities that take the risk in supporting them. I have spent money myself to make recordings in a band I’m in and we’ve only re-couped 20% of our costs thus far. I’ve started another group and will probably be going into the studio sometime in January for it. This 7-song EP will cost $300 for 24 hours of session time (which is dirt cheap!) and probably another $1.50 per CD. Downloads will probably be $1/song or $4 for the entire EP.
    The upside (part one): Even if we sell it at $5, we’re still making $3.50/CD and pure profit for downloads after the production costs are covered.
    The downside: People are hesistant to pay for music nowadays. They tend to download everything for free.
    The upside (part two): I never intended to get rich off of album sales anyway. In fact, I’d rather have someone “steal” my music and say, “Wow, these guys are some real hep cats, lets go down to the Star Bar and see them on the 2nd.” Then they’d pay $10 to get in (which is $2 or so for us), buy a t-shirt (which is another $10), and a beer cuzzi (which is $1). Then they go and tell their greaser friends about our show and even though they went online and “stole” our music, they too show up and spend money on cover charge and merch. If we insisted that everyone pay, they might say, “Ah, fuck it. We’ll download something else.”
    So if we were dickheads and demanded that everyone MUST pay for all downloads or risk getting sued, that would not only give us a shitty image, that would be sacrificing audience cultivation for short term gain. $3.50 download versus $13 in show revenue; it doesn’t take a genius to figure out which scenario works better.
    I understand that artists need to get paid directly through their record sales. However, when an artist signs a recording or even a distribution deal with a label, they usually don’t get a whole lot of money from that. This to me looks more like a money grab from labels instead of artists, the major labels generally scream far louder. Allan, you might be playing fast and loose with the law, but if I were on a jury, I would have to find in your favour because you give these artists/labels a chance to make a request to remove the material. I’m pretty sure Dean Pogue was stroking his ego, myself. Hell, he works for Choadchoker, I mean Roadrunner records, they’re owned by yet another major dickhead label, Atlantic.
    So, now I’m going to be hesistant at the very least to support artists on WMG or their other labels. Some of the groups I listen to are distributed by WMG (Lush, Siouxsie and the Banshees…) It’s sad that these tin-eared graph brained accountants and execs only care about money and don’t care about art. It’s also because they are only driven by short-term profits and don’t look to the future. Maybe I’m rambling at this point, but I’m sick and fucking tired of mega-corps homogenizing everything for the sake of higher profit margins. They make things too damn hard to small businesses to thrive at times and they lobby legistlatures worldwide to make the rules favour them. Anyone who dosen’t see that this anti-downloading sentiment is mainly coming from mega-corps needs to get their heads out of the shitpile.
    Like I said, I for one WILL NOT be buying any new stuff from WMG in the future, especially RoadWhoreRunner Rectumturds (hell, anyone who signs bands like Seetherback and Nicklecreed loses credibiltiy immediately with me, anyway) Go have a three-way fuck fest with your mommy and daddy, Dean “Ima Tool” Pogue, your attitude just pretty much summed up the corporate culture at your sorry ass “record label”.





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