Hey, this is an interesting one for all you promo-receiving DJs, journalists and reviewers out there in CMU land. A London based DJ and music reviewer has been arrested – yes, arrested – for selling promo CDs sent to him by record labels for reviewing or club playing purposes ahead of their release date via eBay.
Although this unnamed DJ seems to have been pretty prolific in his eBay selling of promo CDs – Music Week say he had flogged at least 150 – the selling on of CDs sent to reviewers and DJs, traditionally to second hand record shops and more recently via eBay type websites, isn't especially uncommon, especially among freelancers who often receive next to nothing for their reviewing or DJing and who see the resale of promo CDs as a useful extra source of income. Not that I would ever do it, of course – in fact until this story appeared on the newswire it had never even occurred to me that promo CDs could be sold. Never. Not once. But I think it's fair to say that those that do so on a regular basis, while perhaps not surprised if they were to receive an occasional cease and desist from a record label if their reselling was discovered, probably wouldn't expect to be arrested.
The DJ in question was arrested on suspicion of theft and money laundering in relation to his promo-CD selling, which reportedly included the resale of CDs from artists like Foals, Delays, Grand National and Kelly Rowland. It is the fact he was auctioning these CDs off before their release date that has seemingly pissed of the record labels, who assisted police in their investigation via trade bodies the International Federation Of The Phonographic Industry and the BPI.
As previously reported, record labels have been getting increasingly tetchy about people making music available before its official release – and often prioritise their action against those who illegally share music online on those who upload albums ahead of their official release date. I'm not sure it's really worth getting that stressed about myself, in the whole scheme of things, though presumably the point is that people are more likely to go for unofficial sources of music if albums are available there that are not available at all via official sources - ie impatient people who would pay for an album if they could, opt for the free route because music is not currently available via licensed platforms. Of course those who bought any of the 150 CDs this guy auctioned off did pay, and, unlike an upload, said music only went to one individual rather than potentially millions. But presumably it's the principle – labels don't want albums in the public domain before release, and want to ensure those who get privileged access to new material don't abuse their privilege and deliberately let them out there. And, I suppose, those who profit from the illegal distribution of music will always be targets.
Anyway, commenting on the arrest, IFPI chair John Kennedy told reporters: "Pre-release piracy causes serious damage to the performers, creators and producers of music. People who have access to pre-release music by virtue of their job, and who sell or distribute it illegally, should note that record companies, large and small, are taking a zero tolerance approach to such activity. We will notify the police of their actions and we expect the police will take such a crime very seriously. The police have invested significant resources into this investigation, which I welcome. The time and effort they have put in shows that they recognise that pre-release piracy is anything but a victimless crime".
So, take note everyone. Anyone want to buy my copy of 'Viva La Vida'? Don't worry, it's out today, it's all fine.
Oh, by the way, you can comment on this too on the blog here.