The Leaky Boat

Recently there have been more examples of albums/singles being leaked onto the internet prior to their official release dates. There are a number of reasons why this occurs. Sometimes the leak is based on deception - where a person in a position of trust does not do the right thing. More often these days, however, it seems that these leaks are deliberate.

The biggest risk that a major label artist/copyright holder used to take was that an insufficient number of people would like their music – this was because the commercial market place was narrow and very well controlled by the labels who could more or less guarantee access to an audience (not always because of payola but this was part of the equation particularly in the USA). Now that the internet/technology has opened the marketplace and virtually any person can be an artist, the greater risk is that a new song will not be heard by anyone.

So these days it seems that these leaks are increasingly designed to attract publicity. Many commentators have noted that in the process of suing file sharing networks the record labels have actually generated publicity and assisted in increasing the traffic to these sites. One can only question whether the labels have recognised this trend and are now seeking to use it to their advantage.

Perhaps this overestimates the cunningness or intelligence of the labels. They still seem to prefer staggered release dates – something a country like Australia has grown to hate a lot and undoubtedly results in an increase in illegal sharing. While there are certainly valid arguments in suggesting that an artist should be able to control the release of their music to the public, in the digital age staggered release dates are completely illogical.

While the publicity that the leaks attract is directed in a negative fashion toward a particular person or the networks on which leaked works appear, the coverage nonetheless assists by making people aware of the songs in question. Despite the labels continued stance that all free downloads equal a lost sale and their ongoing argument that downloading does not help to provide awareness or result in some sales, in real terms I think they are learning to take advantage of the situation.

Further Reading
Digital Music News, Coldplay Album Starts Leaking; Release Date Mid-June
(6 June 2008) <http://www.digitalmusicnews.com/stories/060508coldplay> at 7 June 2008

Digital Music News, Usher Survives; Shifts 433,000 Albums First Week (5 June 2008) <http://www.digitalmusicnews.com/stories/060408usher> at 6 June 2008

Digital Music News, The Usher Leak: Download Estimates Emerge... (26 May 2008) <http://www.digitalmusicnews.com/stories/052608usher> at 4 June 2008

Digital Music News, ..But Upcoming Usher Album Starts Leaking (22
May 2008) <http://www.digitalmusicnews.com/stories/052208usherleak> at 4 June 2008

Reuters, Labels mull release strategies in age of piracy (29 April 2008) <http://www.reuters.com/article/industryNews/idUSN2941336220080429> at 30 April 2008

ZeroPaid, New Gnarls Barkley 'The Odd Couple' Album Leaked to BitTorrent (15 March 2008) <http://www.zeropaid.com/news/9330/New+Gnarls+Barkley+%27The+Odd+Couple%27+Album+Leaked+to+BitTorrent%21> at 18 March 2008

Digital Music News, Madonna Brings Hard Candy to Hair; Ads Starting Now (16 March 2008) <http://www.digitalmusicnews.com/stories/031608madonna> at 18 March 2008

The Times Onlines, Arctic Monkeys go bananas over file-sharing (31 March 2007) <http://business.timesonline.co.uk/tol/business/industry_sectors/media/article1594238.ece> at 3 April 2007

TechDirt, Psst, Universal Music, The World Is Global Now (13 August 2007) <http://www.techdirt.com/articles/20070810/190148.shtml> at 19 August 2007

ZeroPaid, The Pirate Bay Enters Top 100 Websites (24 May 2008) <http://www.zeropaid.com/news/9510/The+Pirate+Bay+Enters+Top+100+Websites> at 5 June 2008

TechDirt, How The RIAA/MPAA Helped Catapult The Pirate Bay Into Being One Of The World's Most Popular Sites (20 May 2008) <http://www.techdirt.com/articles/20080519/0227541162.shtml> at 21 May 2008

The Register, Pirate Bay to sue music industry (16 April 2008) <http://www.theregister.co.uk/2008/04/16/piratebay_sues_music_industry/> at 26 April 2008

Digital Music News, Pirate Bay Pulls an IFPI... Legal Battlefield Intensifies (17 April 2008) <http://www.digitalmusicnews.com/stories/041608pirate> at 26 April 2008

TechDirt, What Good Will A Swedish Lawsuit Against The Pirate Bay Do? (29 January 2008) <http://www.techdirt.com/articles/20080128/19330699.shtml> at 31 January 2008

Digital Music News, Senator Prods Radio Conglomerates on Payola Compliance (12 July 2007) <http://www.digitalmusicnews.com/stories/071207feingold/view> at 15 July 2007

p2pnet.net, First payola, now Dark Payola (18 April 2007) <http://www.p2pnet.net/story/12004> at 19 April 2007

Digital Music News, FCC Issues Payola Decrees Involving Terrestrial Conglomerates (16 April 2007) <http://www.digitalmusicnews.com/stories/041607fcc> at 17 April 2007

Digital Music News, Major Radio Conglomerates, FCC Forge Payola Agreement (5 March 2007) <http://www.digitalmusicnews.com/stories/030507payola> at 7 March 2007