godisinthesilences wrote:I apologize if this has been covered before.
But I noticed in the last two days how iTunes has removed all of David's solo work, Japan and most of the music he did with other collaborators. Anyone have a clue why this is?
The reasons could be quite convoluted, however one possible explanation might be that David was not getting paid for any of the iTunes downloads and he may finally be getting a handle on doing something about it.
Below is a very lengthy copy of a couple of posts from Robert Fripp's diary. A similar situation happened with Robert's King Crimson work, and the problem was with Virgin Records (which of course was David's label as well, and makes me feel that this situation may apply to David's work.)
Although this is quite a bit to read it is a very interesting example of some of the things that an artist must deal with behind the scenes:
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Date: Tue, 12 Oct 2004?
From: thrang ?
Subject: Crimson gone from iTunes Music Store
Up until a few weeks ago, there were two or three recent releases from Crimson on the ITMS, including "Thrak" and "The Power to Believe." Now there's nothing. Did I hear somewhere that Fripp finally gained control of the entire Crimson catalogue recently, and if so, I wonder if the two events are connected…
Greg
Robert Fripp: Cf this Diary for 20th. October. The licence to Virgin/EMI ended on December 31st. 2003. The re-licensing to EMI foundered on the issue of downloading. Despite Virgin/EMI never having any download rights, they put up KC downloads on June 27th. 2004 nevertheless.
Date: September 22, 2006
We are continuing to address various issues with Virgin/EMI, moving on from yesterday’s exchanges with their legal department. One of the main difficulties of Business Affairs being merged with Legal Departments, a trend of the 1990s, is that nowadays one deals with lawyers rather than business people. Business people, in the main, look to doing business through negotiation. Lawyers, in the main, deal in adversarial relationships, and look to winning or losing. Our ongoing correspondence with the lawyer we are dealing with has been going nowhere. His letters are clearly letters from a lawyer, not from a business person. We have now approached someone higher up the food chain. These are our concerns…
1.         The return of all outstanding masters & artwork for the King Crimson/RF & related catalogue held by Virgin/EMI & its affiliate companies.
2.         Securing accounting & royalties for digital sales, never held by Virgin/EMI, yet offered on occasions by Virgin/EMI via iTunes, OD2 etailers, Napster et al between 2003 & 2006.
Master Tapes & Artwork:
Virgin/EMI’s rights to physical sales of the King Crimson & related catalogue ended in December 2003.
We have been in frequent contact with Virgin/EMI’s legal dept. since 2004, but have failed to secure the return of all tapes associated with this catalogue. In particular, there has been no return of a number of tapes, artwork, video & other materials held by Virgin, Caroline & its manufacturers in the USA & Virgin/EMI Japan. This includes master tapes, copy masters & any other materials inherited from previous licensees in the USA. There is also an issue of replacing art materials acknowledged as missing/unlikely to be found by Virgin UK.
With regard to these tapes/artwork we have been told by the Virgin/EMI legal dept. at various times:
i)          Virgin/EMI have looked. They can’t be found.
ii)         Why should Virgin/EMI return tapes from the USA & Japan?
iii)        We’ll look again - but have limited powers over our American & Japanese affiliates.
iv)        We may have found some tapes. Robert Fripp needs to sign further letters of indemnity before we can return them. (I offered such indemnities - unnecessary though they are. The tapes remain unreturned).
v)         We’re not sure you’re entitled to the tapes - even if the rights have reverted.
vi)        I’ve looked at the paperwork again. I’m not sure all the albums claimed as reverted have reverted. (This despite the fact that copies of the reversion letters accompanying the Settlement agreements dealing with reversion are held by Virgin & Robert Fripp).
vii)       Sometimes major labels lose all an artist’s master tapes. Stuff happens. (This ignores EMI’s duty of care towards all master tapes).
The delays in returning these tapes has resulted in cancelled/delayed release plans by the current licensees.
Digital Masters:
Virgin/EMI’s legal department accepts that the company never had digital licenses for the King Crimson/RF & related catalogue. Despite this, Virgin/EMI has, on a number of occasions, permitted the offer of sale & sales of digital content. This happened both prior to, and following the end of, the expiry of the license for the sale of physical goods in December 2003.
 
A number of the licenses with the likes of OD2 etailers & iTunes Europe were only enacted in 2004 & later - when the return of all related materials had already been made. We had to request the take down of the files from these sites several times throughout 2004. We requested the destruction of all files & confirmation of this destruction to avoid repeat instances. Files continued to re-appear via OD2 related retailers, Napster & iTunes into 2006.
With regard to Digital rights we have been told by the Virgin/EMI Legal?dept. at various times:-
i)          We’ll look into it.
ii)         We’re doing what we can.
iii)        We have little control over these people - meaning iTunes, Napster, OD2.
iv)        How do you know they’re getting the stuff from us? (Napster, OD2 & iTunes all confirmed that any licenses for King Crimson came via EMI).
In lodging complaints with Virgin/EMI’s legal dept., we have become used to the impression that our requests for the copyrights to be respected are regarded as something of an irritant. Such requests have only been made necessary by Virgin/EMI’s continued failure to police rights offered by Virgin/EMI, rights that were never Virgin/EMI’s to offer at any point. Despite repeated requests to the legal department & assurances that the matter would be dealt with, no accounting or royalties as a result of these digital sales has ever been received.
This is just another day in the music industry.
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