Friday, October 03, 2008

Just because you're paranoid...


This is not a rant.

At least, that’s not the intention.

And let me say this upfront, I’m fully aware that I don’t actually have a leg to stand on. I’m in the wrong. I know that. I’m aware of it. And I’m not about to deny it. So if you’re expecting this to spiral into a fuming outburst of bile and rage, you’ll be walking away disappointed. I’m not going to throw my toys out of the pram. And I shan’t be making any melodramatic proclamations about how record companies are killing the music industry.

However, it appears I may be a marked man. Someone has me in their sights and they’ve fired off a couple of warning shots. Having been blogging for nearly three years without getting into trouble, I’ve now had two posts removed in two weeks. Someone took offence to the tracks I’d posted, contacted Blogger directly and had the entire posts removed and deleted. Slightly heavy handed of them I feel but it’s their prerogative. Had they contacted me directly, I would have had no problem removing the tracks while leaving my reviews and opinions intact. Luckily, I have copies so am in the process of reposting them. Minus the offending tracks of course.

The posts in question, were reviews of The Verve’s 'Forth' and Cold War Kids'Loyalty To Loyalty'. Is it mere coincidence that both were slightly negative reviews? I don’t know. I hope not but the cynic in me can’t help wondering. Are both bands on the same record label? Again, I don’t know and to be honest, I can’t really be arsed to check. I guess I should find out and if they are, I should probably refrain from posting bands on their roster.

So, if I know I’m in the wrong and I have no issue with removing tracks when asked, you’re probably wondering what my point is?

Well, it’s because I consider myself a responsible mp3 blogger. I follow self imposed rules that I feel are pretty fair. I don’t post whole albums. I don’t link to places you can download whole albums. I never post pre-release material. And I always link to places where the music and bands I’m posting about can be bought. I go out of my way to find versions of songs that are not commercially available. Almost all of the tracks I post are live recordings, acoustic sessions or widely unavailable tracks. You certainly can’t buy them anywhere. If I can’t find an alternative to the studio recording, I don’t post about the band or record. The reason I do this, is to give you a taste of the music I’m writing about, while still giving you the need to buy the single, album, DVD or whatever the product may be. Correct me if I’m wrong but if someone likes a live version, I find it hard to believe that they would prefer having that, to having the real studio version. If I do post up a commercially available studio recording, it’s because I have been given permission by the band (usually unsigned) or by the record company.

So, bearing all that in mind, excuse me if I feel a little frustrated that my non-commercially available posts are removed when, after an effortless search on Hype Machine, there are dozens and dozens of mp3Blogs offering studio recordings for free. If you were so inclined, you could probably download ‘Forth’ and ‘Loyalty To Loyalty’ in their entirety in under five minutes. And some of those blogs are almost certainly bigger than here, generating larger traffic flows than I could ever dream of. How is that those blogs, who you could argue are directly taking money from the record companies, get away with their posts remaining intact? Like I said, I know I don’t have a leg to stand on, but excuse my sense of frustration.

So what does this mean?

Well, if you come here and posts start randomly disappearing, now you know. And if one day, there’s nothing here at all, you can be sure it’s not because I got bored and deleted the blog. Two years and eleven months after I started writing To Die By Your Side, I still thoroughly enjoy it. Whether it looks like it or not, I put a lot of time and effort into the site. I’ve discovered more bands and spent more money on music and gigs than ever in my life. I hope you enjoy your visits here too.

And if you are the band, record company, PR person or whatever and you want me to remove the tracks I post, here’s a crazy idea for you. Something to run up your proverbial flag pole. A bit of thinking outside the box. Why don’t you open up a conversation with me? As a music fan who still spends plenty of money on his obsession, I’d have thought you’d want to keep me on side.

/

55 comments:

Mister P said...

An intelligent, reasoned and very readable piece, as ever.

No, you're not paranoid - it seems they (sadly) really are out to get you and, undoubtedly, others like you, sad to say.

Excuse the cod Latin, but ne te confundum illegitimi...

adam said...

I've also had two pieces taken down in the last month in the same heavyhanded way, bypassing me and going straight to wordpress and fileden (and completely taking out my fileden accounts, apparently for good). You're right, of course, all they have to do is ask, actually all they have to do is tell us, preferably nicely because why not, and we'll comply, we know the score. *shrug* It's a shame.

mr.grieves said...

the same thing happened to me 3 days ago.it was demeaning and i was extremely irritated.
hang in there dude,don't let those bullies bring down this wonderful little blog

Anonymous said...

actually i do wonder if it is the record companies or agents or just some twat goody two shoe on the internet who makes these complaints to blogger and wordpress, etc... you'd think if it was "official" you would receive a cease and desist in formal language, so i have a hunch it's an angry nimby who picks on us little guys. the real representatives of the business know where the blog traffic is.

don't be discouraged by it, as a mp3 blogger i know how the practice has encouraged me to spend my money on the industry and inspire others to do so and to put money more directly in the pockets of the artists than buying their CDs or albums ever will -- go to shows, buy their crap there, spread the word, that's what makes a band, not record sales anymore.

Honest Abe said...

I've had posts deleted and uploads pulled without any notice at all over the last couple weeks (two different Metallica recording and a current Weezer show), then I decided to post a live KCRW session by Cold War Kids. I received an official complaint from Blogger which, to be totally honest, I didn't full understand. I don't know if it's 100% official & I'm going to be sued, or if it's just scare tactics.

I read your Cold War Kids post the same day I received my notice, I told myself to email you and warn you about my problem posting material by the band. I'm sorry I didn't.

I even bought their fucking record the day before posting the show. So I'm closing shop because I'm not in the mood to get sued, harassed, etc. I wish you the best of luck in the future, but warn you against posting anything related to Cold War Kids. I don't know if it's them, their management or record label, but something smells fishy!

On a side note, I’ve never had any problems sharing material (live recordings) by The Verve, so I’m not sure why that post got pulled. I’m shutting down Mystic Chords Of Memory tomorrow morning (8am Pacific), so check it out before it’s gone forever. There are over 200 live recordings available for download.

Take care and best of luck!

Hanan said...

they removed my L to L review too...sadly, I don't have a copy of it. but mine was positive. I'm pretty sure it was just the mp3 thing...oh, and I remember having another CWK mp3 removed a while ago, I think they're just anal about that

anyhow, I agree, "they" can be ridiculous. people who blog and read blogs are the ones keeping the music industry alive by buying records and going to shows. keep up the great work here, your blog rocks.

jack of hearts said...

I like this blog, seems you offer good tips. Your recommendations are well written, it's a pleasure to read them. I'll surely return.

Jim said...

Stick with it lad! I've been dropping in here on a semi-regular basis for near on two years and I've certainly heard some great music here and gone out and bought CDs based on what I heard. I'm no stranger to downloading whole albums, but I'm almost exclusively downing non-commercial live stuff these days from bands I already know I like, which frankly sucks for new bands cos if they aren't on the radio I won't hear them, so I'm not gonna rush out and buy their albums. Why? Well I don't wanna get pinched for downloading something that turns out to be crap! Coxon, the pleasure, the privilege is mine.

Rachel said...

Unfortunately it does sound like someone has it out for you. Which is BS. F' them.

I am always so impressed with To Die By Your Side one of the only other mp3 blogs I visit. I know how time consuming this is for you to find these live tracks.

On a side note if you get sick of blogger and want to move this on to your own server email me and Shane and I can help you out with that.

uptight said...

>>>"On a side note if you get sick of blogger and want to move this on to your own server email me and Shane and I can help you out with that."

Maybe this would be a better option. It seems that blogger.vom accounts have been targeted since it's a popular choice (mr.grieves & I started our blog in one this past July and despite the baby blog steps & very low traffic, we had the same thing happen to us a few days ago...) TDBYS is an established blog with its own solid audience, and I doubt it'd lose any traffic or readers if you moved it. Think about it!

In the meantime, we are by your side. Ahem. :-)

JC said...

That's quite unbelievable.

Makes me pleased that I tend only to post old stuff....but I understand that even then, there are some bloggers out there falling foul in that regard as well.

I hope it doesnt put you off....oh and I hope the new abode is proving to be all you hoped it would be,

The Daily Growl said...

Did you get any word from Blogger that your posts were going to be deleted? This may explain something as I've had a couple of posts vanish recently too: Richard Hawley and TV on the Radio - the latter incidentally sent to me by the record company (4AD in the UK, though the fact that they're on a major in the US may be relevant). I thought I'd been hacked, but maybe not. I'm not sure whether to be relieved or not...

Ed said...

This is getting ridiculous - have had an interview removed with dead links in it of Glasvegas taken off me.

We reaklly HAVE to act.

Ed, 17 Seconds

barbelith said...

please excuse my language (and apologies to alan moore) but

who watches the fucking watchmen?

Agnes said...

A beautifully written and well thought out post.

"As a music fan who still spends plenty of money on his obsession, I’d have thought you’d want to keep me on side."

I'd like to think that hopefully, that will be their undoing. If they keep this up, nobody will be bothered blogging at all. Tons of small bands rely on bloggers to help boost their profile and make sure they get heard. If the bloggers go, so does a ton of publicity. That can't be clever.

Hang in there!

(and what's with barbelith's comment? that's appeared on every post I've read about this shitty situation. I'm starting to think it's some creepy omen...)

So It Goes said...

I'm with you on this one, as I had an entire post about the Beatles deleted without warning following a DMCA complaint. I still don't know whether to follow Abe's lead and delete the whole fucking lot. To the lady who suggested moving to a private server: my email is so.it.goes.2512@gmail.com and my blog is here. It sounds like a good idea.

Chad said...

yeah, i'm in the same boat: the same thing happened to me earlier this week, for an elliott smith tribute post of all things - a post, mind you, that was an exact verbatim re-post of something i'd posted one year earlier with no problems whatsoever.

it's frustrating, and it's wrong. like you, i try to be a responsible blogger - and i go even farther, in that i wont' post anything that isn't available freely and legally online already or without receiving advance permission from the artist/label. to still get a post deleted - with no dialogue or warning or anything, just gone - seems incredibly harsh and counter-productive on their end.

and it's hard not to notice that they are NOT targeting the bigger, more visible, far more popular sites that do this. messing with the smaller guys like us to send a message or something? i dunno, but it's odd...

Anonymous said...

You don't have a leg to stand on with your host, but you DO have a leg to stand on when it comes to the basic question of US copyright law.

The fair use exception provides:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

If you aren't doing this for money, but instead to comment on music that you love in a responsible way, you can argue that your use is a socially beneficial "fair use."

I just want to spread the word that responsible mp3 blogs are not "illegal."

Planet Mondo said...

I got blog-busted last week as well - I think Prince being in the mix may have been the clincher - I've had a rant about it here..


http://channelmondo.blogspot.com/

But in summary I'll keep in blogging 'til the buggers pull the plug

Ctelblog said...

What a reasoned piece. Who knows whether this is a concerted effort or a passing music industry spasm. But it's probably worth hanging on for a bit and not doing anything precipitous.

Hooli said...

It's all been said already but try Google Reader.

Please pass this on - Despite having lost a couple of posts recently and had the same e-mail, I just found all my posts untouched and unaltered via Google Reader.
In case anyone is unfamiliar - open Google use the drop down on 'more' and select Reader.
In the reader homepage click add subscription and past the URL of your blog - bingo!

I didn't know this until someone told me - now at least I have the archive of my posts that I stupidly didn't keep before now.

Not much confort but at least I have all my work back to post elsewhere if it comes to that.

Please pass on


Cheers

Hooli

IMI said...

Good comments.

I find it very strange that out of print and otherwise unavailable music seems to be the primary targets for complaints. But that is the trend. Both Twilight Zone and Lost in Thyme have large archives of non-commercial music that was suddenly removed.

As a music lover, I'm horrified at the idea that some of the music could never be heard again without shelling out hundreds for a vinyl, not to mention finding the obsolete equipment to play it (try tracking down a turntable needle).

But that's the trend. It feels like a culture war. Ken Burns made a comment that his film documentaries could have never been made without public domain clips at the Smithsonian - that were later sold to Showtime.

Not even public libraries are safe from greed.

Mona said...

An excellent and very restrained piece re: what is happening.
I have only started a blog 2 months ago and have already had two posts removed, both of which had links to the archive.org to download Ryan Adams and more recently Little Feat.
the DCMA notice the second time said that it was from the International Federation of the Phonographic Industry (IFPI).
What I don't understand is that these are legal downloads we are talking about and it seems to me that someone somewhere just sees the post quickly and issues the notice without really looking as to what is there.
A good case being those Glasvegas demos that were no longer up to download.
More worryingly is the fact that I can't see how many infringements you get before they take the whole blog down and I also agree that it is a very rude way of going about business.
My most recent post was mostly writing about a friend of mine who had died on that particular date in 2002 and of course I hadn't saved it but I did follow 'Hooli's' advice and it has now been reposted.
my blog is at: www.exileonmoanstreet.blogspot.com
should you be interested and I will link to this post of yours later if that is OK with you.
Sorry it's such a long one.
Regards/

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