Radiohead publisher blinks
Warner/Chappell backs down from demands that fan sites pull material
J. Kelly Nestruck
National Post
Monday, June 16, 2003
It was the latest battle over copyright infringement between the music industry and Internet-savvy fans, this time over lyrics and sheet music being distributed on Radiohead fan Web sites. In this case, however, the story had a happy ending.
"It's my magical story," said Mary Bichner, the Philadelphia-based Webmistress of Radiohead for the Pianoforte (RFTP).
Last Thursday, just over a week after threatening legal action against Bichner for posting her handwritten piano transcriptions of Radiohead songs on the Web, Warner/Chappell Music backtracked on its demands that she take down the scores. Warner/ Chappell, which owns the publishing rights to most of the British band's songs -- bowing to pressure from a torrent of vitriolic emails and telephone calls from angry fans -- has issued free "fan licences" to RFTP and several other fan sites, which gives them the right to distribute lyrics and arrangements over the Internet.
While several of these sites were informed about the special one-year fan licences earlier this month, Bichner was only contacted by Warner/Chappell last week. Her site is back online today, though now the scores have complete writer credits and copyright notices attached.
"The band gave it the OK, so they did a special licence for me," Bichner said. "I'm so excited [Radiohead] actually talked about me."
Even more exciting for Bichner, a 20-year-old student at Drexel University, she may end up working for Radiohead because of all this. In the letter informing her that she could put her site back up, Warner Bros. Publications representative Dave Olson wrote: "We are talking to the band about doing more piano arrangements of their music. If they agree to this, I will show samples of your scores to our staff arrangers and, if they like them and believe that they are commercially viable, I'm sure we can work something out with you to help us produce such a product."
"I'm so excited to, like, the 10th power," said the spunky redhead, who is a celebrity in her own right within the Radiohead Internet community.
On June 2, one week before the release of the band's latest album, Hail to the Thief, Warner/Chappell sent out an email to several fan sites asking them to take down the lyrics and guitar tabs sections. A new front in the war on Internet piracy had been opened.
Adriaan Pels, a Norwegian Web designer and hotel manager who runs a Radiohead fan site called At Ease, received one of these emails. "The availability of these files have a direct impact on our ability to market and sell our musical arrangements and songbooks, and that adversely affects the royalties that we are able to generate and pay to the band," it said.
Pels posted the letter on his Web site, protesting, "[They] want me to take down the full song archive, the backbone of this site, because they would like to sell those lyrics in songbooks."
The fans, 20,000 of which visit At Ease every day, were furious when they found out. Warner/ Chappell employees' email addresses and telephone numbers were posted on the site's message board, and the company was immediately deluged with emails and telephone calls. A Internet petition was created and within a few days had gathered nearly 10,000 names.
Pels received support not only from fans, but from the band itself. Stanley Donwood, who runs Radiohead's official Web site and created the artwork for the band's last four albums, sent Pels an email writing, "It's my personal opinion that fan sites do far more for both the band, the record and the publishing company than is generally recognized."
Warner/Chappell decided this was not a battle they wanted to fight, and created the fan licences so fan Web sites could legally post the band's lyrics.
Pels believes the music industry needs to acknowledge the role fan sites play in promoting bands and work with them, not against them. "I personally think that fan sites boost album sales, songbooks and live shows," he said via email. "A fan site like mine offers a detailed archive on the band with a news section that is updated several times per day and a message board where people can talk about the band. This keeps the fans interested, informed and connected with the band."
Representatives from Warner/ Chappell have not commented publicly on the issue or returned phone calls, but they appear to have decided it is better to have fans like Bichner and Pels on their side than deal with the fury of a fan base scorned.
Radiohead for the Pianoforte: www.littlerowboat.net; At Ease: www.ateaseweb.com
Well, yeah.
Some people are finally getting it. The whole notion of copyright is exploded and drifting down like spent fireworks.
The dummies are whining and threatening to call the police and the smarties are running around with baskets gathering up the pieces and trying to figure out how to reconstruct them in a workable sense.
My utter disdain for record companies predates Napster and Kazaa.
Prior to those networks (and the proliferation of broadband which made them feasible) about the only source of music on the Net was MIDI files.
These were tunes played with the synthesized sounds built into sound cards. Some people used keyboards, others laboriously picked out songs note-by-note with music-editing software.
The results varied enormously. I've heard almost perfect renditions of Dire Straits' "Sultans Of Swing" or U2's "Angels of Harlem." I've heard good-to-awful versions of the same, and I've heard songs that were so badly done that I had to recheck the title to figure out what it was.
All of a sudden, though, in about 1997 or '98, most of the popular MIDI sites abruptly shut down, in response to very threatening letters sent out by the legal departments of Sony, MCI, et al.
Keep in mind that nobody was making money off this; nor were the record companies or artists losing money from it. This was true amateurism -- people spending untold hours transcribing their favorite songs for nothing more than their love of the material and the praise of their peers.
Radiohead is to me an acquired taste -- I've only heard a couple of their songs, off the impenetrable Kid A album. I'm not inclined to rush out and buy their latest effort.
I'll bet, though, that the 20,000 fans who daily frequent their fan boards have bought legitimate copies of every thing they've done, every T-shirt and coffee mug they've released.
And I'll bet they'd go out and buy them all over again for the chance of an Internet chat with one of the band members, or an autographed CD.
Smart bands like Radiohead are picking up on this. Dumb bands like Metallica aren't.