It's one thing for the RIAA to sue file-swappers and threaten dead grandmothers. Ultimately stupid, yes, but at least the RIAA is one step removed from its label constituents - and another step removed from the artists. Which begs the question, should artists ever conspicuously sue a file-swapper, leaker, or anyone else for that matter? Or, put another way, 'pull a Metallica'?
The question is back in the spotlight, thanks to a leaked-and-
bartardized Kanye track, "Mama's Boy." The part that leaked was the vocal track, with a homespun instrumental added later. Which definitely sucks, because that's not the way Kanye wanted it. But, should Kanye then seek to prosecute, at least out in the open? Unfortunately, this threatening statement from Island Def Jam is definitely out, and legal action could easily stick to Kanye...
"The version of the Kanye West recording "Mama's Boy" that arrived on blog sites earlier this week is entirely bogus and unsanctioned, and violates the artist's creative intentions. As is often the unfortunate case, an unknown party or parties got a hold of Kanye West's vocal track and added their own soundbed to it, effectively and falsely releasing it as a Kanye West track from the My Beautiful Dark Twisted Fantasy sessions. The result in no way resembles the final song Kanye West intended his fans to hear, and he is deeply disappointed that one of the most personal, meaningful and special songs he has ever written would reach people in this way. Needless to say, measures are being taken to identify and prosecute the persons responsible for leaking this material."
Comments Closed
Rick Thursday, June 16, 2011
I'm fine with prosecuting people who leak material in this particular fashion, it's completely separate from the conversation of file sharing finished works. Like they noted, it subverts the artist's vision when you claim the track is made by them when it actually isn't. That's just lying.
nathan Thursday, June 16, 2011
What is it 2001 all over again here? It's a fan generating attention and this track will be probably be bigger as a result.
Rick Thursday, June 16, 2011
I've got no problem with that....the only issue I have with this particular case is that they tried to pass it off as their own production from the My Beautiful Dark Twisted Fantasy sessions, when it obviously was not. That is NOT cool; that is NEVER cool.
TDTMD Friday, June 17, 2011
Bullshit - music hardly sells now, so how is leaking going to make it bigger? Look, if Ford is getting ready to release a new car model and one of their designers or someone for argument's sake got hold of the design and put the car out there early but without all the finishings, is Ford going to sit back and do nothing? Why is it that music, or film, seems to receive short shrift when it comes to copyright protection?
Even more importantly, why does the public seem to think that it is acceptable to get something they did not pay for?
I once did an interview with a music columnist talking about this very issue (the columnist was pro-downloading for free stating that it is a way of promoting the music and creating a larger audience-well, we have seen where that ended up). During the interview I side-tracked it by saying a friend of mine who was a brilliant programmer came up with a programme that was able to remove .10 from hundreds of thousands of savings accounts daily and as a result was quickly becoming quite well off. There was no harm done as it was only .10, not thousands of dollars per account, and who was going to miss .10?
Well the outrage was quite evident and I turned his own line back upon himself. He stated that if the music was available on-line and he had access to the internet he was not doing anything wrong by taking the music and his role was not security but being a consumer or afficionado, appreciative of the creative energy of the compose who would bask in his un-paid for adulation.
When I countered with my friend feeling the same way. Your bank account is on-line therefore security was not his problem and since the money was just laying there, sort of and he could access it, the account should be happy to bask in the adulation of my interest in his account by removing .10 from it, allowing my friend to bask in the sunshine of Cancun.
Downloaders, illegal file swapping, sharing, whatever word you want to use to avoid saying theft, should be treated in the same manner as those who wreak havoc by disseminating viruses to unsuspecting users causing untold monetary damages when you have to have your computer cleaned. Hit them where it hurts-can't pay the fine, do the time.
Theft is theft, there is no such thing as being a little bit pregnant. If you don't want people to view your private parts on line, don't take the picture. Don't want to pay the fine or do the time, don't steal. Simple. This is in support of the artists, not the supposed hitmakers sitting in corporate offices.
Stu C Friday, June 17, 2011
Exactly. The continual effort by people to justify an illegal act only points to their empty values.
@ChrisKDavis Thursday, June 16, 2011
Chris Davis
Definitely.
double a Thursday, June 16, 2011
i would love to see the guy caught and punished.
Versus Thursday, June 16, 2011
Sue. Absolutely.
I respect an artist more who would stand up for his/her intellectual property, than one who allows one's work to be misused.
Versus Thursday, June 16, 2011
Metallica were right to do what they did.
Ideally, a properly empowered organization would be the one to enforce intellectual property rights. Failing that, though, the artist is right to take action.
James Thursday, June 16, 2011
We might debate whether it is ever practical or useful to sue thieves (i.e. whether the legal cost can be justified, whether it ever acts as a real deterrent etc.), but we should never allow the mob to vilify artists who choose to exercise their undeniable right to do so. Artists have every right to seek legal recourse to protect their work if they wish it.
@__fromJP__toNL Friday, June 17, 2011
Mark Horton
Just throw a fit & quit music like VBeckham
NathanJE Friday, June 17, 2011
But, doesn't everyone know it's a fake?
I just think that suing people brings out this Big Brother complex, Kanye is bigger than you and he's gonna smash you with all his money - not saying that's the best version of reality but it's the one that stayed with Metallica for years. Being rich and overbearing and suing people... and for what?
balbers Friday, June 17, 2011
Shouldn't Kanye be a little bit more upset with the person who actually leaked the audio in the first place? Which you would assume is somebody in his immediate circle of friends or production crew?
earbits Friday, June 17, 2011
I think they should go after these people full steam ahead. Leaking a polished track is bad enough. Leaking a poorly done track and claiming it's the upcoming release is just wrong. Sue.
smo Monday, June 20, 2011
f--- kanye
@robertweeto Monday, June 20, 2011
Roberto Somoza
Most of the time the artist's team leaks it.
OUR SPONSORS
© 2011 All Rights Reserved
Follow Us