I'd never resell a promo CD, obviously
Posted Thu 12 Jun 2008 1:36PM BST by Chris Cookee in a-CMU-blog
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.
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.
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.
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.

A friend of mine remembers queues around the block for the newest Beatles’ single in the 60s. There is as much interest today in new music –it needs to be harnessed.
Wake up BPI and record companies – it is not the sellers of promo products that is destroying the business, same as it is not the people who used to tape albums or download for free.
No - it is the counterfeiters who sell on eBay and other allied sites as well as on markets through the land. Yes there have been successful prosecutions but the public needs educating.
Counterfeiters have helped to destroy the retail trade for music in the country. I started in 1978 and watched how the record companies pandered to the big chains to the detriment of the small shops. If they had looked after the small guys back then they might be having better times now and have a better support network of enthusiasts instead of chains ruled by accountants
BUT back to promos.
Look at this story http://tinyurl.com/5ms99b. US court Affirms Right to Resell Promo CDs. I have been watching this for a while. In the 70s in the UK the BPI took a London shop to court for selling promo items and the record companies lost their case.
I have had eBay listings suspended on eBay for selling a Corr’s promo. I have been an eBay seller since 1999 and have watched while counterfeits thrive whilst promos – valid collectables, in my view - are punished. Interesting that someone like Elvis Costello values the role of such collectables and openly encourages them.
Must go I have my latest promos to list on eBay! Long live the collectables market.