ChillingEffects.org has a copy of a letter from DefJux’s lawyer to Blogger.com (aka Google Inc.) asking them politely but firmly to remove their material from the blatantly bootleg site def-jux.blogspot.com. Nice to see some of the behind-the-scenes action. I always wondered how sites like this and similar sites like* wakeyourdaughterup or hhbootleggers continue to exist and how labels were dealing with the issue. Unfortunately, I think indie labels are the ones most affected by bootlegging and they do not have the resources to form a full assault. Do you think Viacom had to write more than one letter to Google to get their material off of Youtube? Link, .pdf
update 050707: as Travis rightfully points out, some labels don’t even exist as separate entities any more and the current copyright owners probably couldn’t care less who bootlegs their assets (*revised 050707).
February 27, 2007
Sender Information:
Definitive Jux Records
Sent by: [Private]
[Private]
Los Angeles, California, 90027, USARecipient Information:
[Private]
Google, Inc. [Blogger]
1600 Amphitheater Parkway
Mountain View, CA, 94043, USASent via: fax and postal mail
Re: Definitive Jux Records – v – http://def-jux.blogspot.comDear Blogger Legal Support, DMCA Complaints:
Further to my February 12, 2007 letter and your February 23rd, 2007 response thereto, below is a letter in the form requested by you. For the record, I find it offensive that I have to comply with your “format” in order for you to remove infringing material that violates my client’s legal rights, thus wasting more of my time and my client’s money.
1. I represent Definitive Jux Records whoa re the exclusive licensees of certain master recordings and audio visual recordings featuring the performances of the artists professionally known as El P, Mr. Lif, Rjd2, Aesop Rock, Cannibal Ox, Camu Tao, Perceptionists, and Murs, among others. I have been informed that there is a “blog” contained on your server that illegally offers for download master recordings and videos owned by my client. Such activity constitutes copyright infringement, among other things. The list of the master recordings and videos owned by my client that are being infringed are set forth in subsection 2 below.
2. We hereby demand that you remove the following posts which contain links to illegally download our copyrighted material:
[excluded]3. I can be contacted at the phone number and/or email set forth in my letterhead: [private] and/or [private]@lisasocranskylaw.com.
4. I have a good faith belief that the use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.
5. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you do not comply with the foregoing demands immediately, my client has instructed me to take any and all action necessary to enforce its rights.
Please be advised that nothing contained in this letter is intended or shall be construed as a waiver of any rights, claims, remedies, or statements of fact which my client has asserted in the past or may assert int he future in connection with this matter or any other matter. All such rights, claims and remedies are hereby expressly reserved.
Sincerely yours,
[private]
cc: Definitive Jux Records (via facsimile)
I guess this is where I’m supposed start swearing at you for including my blog in this write up when you clearly are not that familiar with what I do and my stance on the music and the culture. I won’t do that and just chalk it up to lack of facts on your part.
First off, if you have visited my site (instead of maybe causually looking at it), 98% of the albums I post up are of the out of print variety, albums you either have to pay a fortune for on ebay, or you are going to buy used at a store, which the artist doesn’t see a dime of anyway. There is not ONE new album on that site, meaning released in the past few years. I refuse to do that. I consider what I do as keeping music that othewise that might have been forgotten about alive and keep the legacy of such artists as Groove B Chill, No Face, The Colored Section and others fresh in peoples minds so their music doesn’t get lost in obscurity.
Second off, I write about each particular album to educate those who might have slept on that particular artist or album. I think of myself as being very different than those blogs that don’t write a thing and just toss up 10 new albums a day. If you read my blog, I think you can see the passion and love I have for the music and the culture.
I believe I’m doing more good than harm and the feedback I’m getting from BOTH artists AND labels has been all positive. In fact, this is the first negative response I’ve ever gotten to my blog.
This is an email I recieved from Yaggfu Front, which is the kind of music I share on my blog (but you’d know that if you actually READ my blog)
“The guys and I really see that blogging is akin to a new type of public radio…and bloggers are our own personal PR deejays. Back in the day I had the chance to dj at NCSU, and used the oppurtunity to put people up on tunes I thought people should give a listen to…amazing some 10 years later and you guys are doing the same thing with the same! And from your home most times…empowering listeners!” – Yaggfu Front
I have recieved positive feedback from artists such as YZ and others while labels such as JuJu Records (one of the small indy labels you write about) who is the home for J-Ro of the Alkaholiks, have given me praise and material to share with my readers. Again, the fact I have over 1000 readers a day and not one negative email from an artist or label as an indication what my agenda is and they undestand it. It is also an idication that I do not post up stuff from Def Jux or any other label with in print material still readily sold in stores nor will I in the near future.
In the future, I suggest you do your homework and know what you are speaking on before you start naming names in articles such as this. I’d be more than happy to discuss in greater detail, you know where to reach me.
Regards, Travis
I guess this is where I’m supposed to defend my journalistic integrity and point of view. But since you’re clearly not familiar with what I do and my stance on copyright and the culture I won’t do that. I’ll just chalk it up to a lack of disclosure on my part.
First off, if you would have read my post (instead of maybe casually looking at it) and if (cough) I would have written more clearly (cough), you’d notice that 98% of the words have nothing to do with the intent of your site. What I was trying to comment on is the fact that what unsanctioned mp3 sites do is illegal in nature. Altruistic, hip-hop-hero feelings aside, someone owns the copyright to the music you give away. And you’re right about the fact it’s not the artist most of the time (although times are changing).
Secondly, the only reason I included your site, since there are many mp3 sites to choose from, was because I like your site, I frequent your site and as you share with us, you have a passion for this music and culture. So much is clearly evident in your past writing and frequency of posts.
To me, your site is a great example of the contradictory nature of mp3 blogs and unlicensed distribution of music in general. It’s a topic I dedicate a lot of my toilet-time to. Too dense to get into here but lets just say I firmly believe some artists see the benefit of the mp3 site scene, big labels are warming up to it and lawyers still hate it because they have to try to figure out the schematics to retain profit-control.
For what it’s worth, I very much appreciate your feedback and your point of view. I didn’t mean to sound negative about your site and I take full blame for not being clear in what I wrote. You’re correct in differentiating yourself from the other two sites I mention. I should have been more careful when looping you in. Keep doing what you’re doing. But at the same time, don’t be naïve and think what you’re doing would be seen as “more good than harm” by everyone and anyone. Don’t forget, this is a business for thousands of people.
Lastly, thanks for writing and for the advice on doing my homework. I honestly wish I could “research” my posts prior to writing but if I attempted that I would post even more infrequently than I do now. If you want to discuss further get at me: people @ grandgood (dot) com. I’d write more but I have to go walk my dog.
Chill,
G
…bloggin’ for no apparent reason since ’04
Touche!
It’s all good. I see your points as well. I covered this in a little more detail in a post on my blog that should be up this evening. This whole topic actually really got me thinking, which can be dangerous, to me of course.
[...] update: Travis has me shook so I googled Native American Hip-Hop and found this wikipedia entry. I guess there are quite a few artists. And I will be checking them out. [...]
Wes’ Weekly Hip Hop News Roundup (May 10, 2007)
CONTESTS: Two contests this week – one for El-P, and one for something a little different: the Public Theatre show “Passing Strange”. Info at the end of this post. DOWNLOAD: X-Clan – Weapon X (MP3) (via) DOWNLOAD: J Dilla -…
Thx to Def Jux Blog i found SOOO much sweet sweet toonz i’d never have come across (where i live there is no scene or clubs playing this branch of hip-hop, not only Def Jux i then (from proudcers and related info learnt about other artists (no free adverts anymore, take down means ALL down).
Anyway to point I can’t afford the whole discog but i bought 4 cd’s i would have never bought otherwise… and of course i deleted everything i either didn’t like or had no intention of buying after 24 hours. (After all I trained in audio science, no business no job for me.)
Thank them for a free advert…
nuff said.