DGM HQ.
There are arising problems with Virgin/EMI.
The license for the KC/RF catalogue expired on December 31st. 2003 with a six months sell-off period. This imposed the requirement that no further pressing of catalogue titles might take place, although existing stock may continue to be sold until 30th. June. No digital rights, for downloading, were ever granted to Virgin. When the reversion of the license was originally agreed in 1993 (under the Endless Grief out-of-court settlement) the technology was not available. And specifically, disagreement over the digital rights' issue ended DGM's re-licensing negotiations with Virgin/EMI last year.
Nevertheless, i-Tunes Europe began to add Crimson titles on June 27th. 2004 continuing into July; also on OD2. It took several weeks for us to have these downloads removed.
EMI Poland were offering the catalogue for CD sale as late as mid-August. Virgin didn't send the desist notice to Media Motion in Holland until 2nd. September. The effect of this was to stop DGM manufacturing the catalogue under our new distribution arrangements with Panegyric. There is also a sale of deeply discounted EMI Catalogue Offers currently underway in Italy, albeit well beyond the end of the sell-off period.
So, an e-arising of the morning from a Powerless Possessor at EMI…
We share your frustration with the situation. We are trying to find out exactly what has happened in Italy and Poland. Once we have that information, we can share it with you. If indeed our affiliate in Italy has been selling off your product after the expiry of our rights and sell-off period, then we will propose that we through pay to you any monies that we receive from such exploitation.
As you are aware, we have notified our digital partners a number of times about the loss of rights and believe that we have discharged our obligations to you in respect thereof - they are aware that they are not entitled to exploit your repertoire and if they continue to do so, you should pursue them for infringement of your rights.
We have treated all of your issues with our prompt attention and will continue to do so.
Actually, as a matter of demonstrable fact, none of our issues have been treated with promptness. From my reply to the character at EMI…
thank you for your response, and nice try...
"... they are aware that they are not entitled to exploit your repertoire and if they continue to do so, you should pursue them for infringement of your rights".
your digital partners are not our digital partners. in the eventuality that we are not accounted to in a satisfactory fashion, it is not your digital partners we will pursue, but yourself. you will then, in turn, pursue your partners for infringement of the terms of your relationship with them; as we will pursue you for infringement of the terms of our relationship with you.
the reason for the foundering of our re-licensing negotiation with EMI, last year, was on the subject of accounting for digital downloads. we were told - face to face - that digital downloads "were not important" and therefore should not concern ourselves with a royalty of 6 cents when EMI received c. 69 cents per download (the artist royalty subject to packing deduction, of course). we proposed a third party licensing arrangement, to receive 75% of receipts. and if downloading was not important, then why not? the reply, to support the investment in downloading technology EMI need a high royalty, is spurious. the investment in that technology came from IT, not record companies. a small part of that investment (a mere $4 million) was the result of an initiative by david singleton here at DGM (BootlegTV in seattle).
but you are aware of these arguments.
in 42 years of being in beat groups, rock groups & various aggregations of playing musicians, i have the acquaintance of many musicians with a pissy attitude. i am not yet one of them, although when i am presented with evasion & manipulation where my affairs i concerned, i am a very pissy artist.
KC/RF affairs are small beer to EMI/Virgin although they are a brewery to me. you have professional responsibilities to me and you have failed in meeting them. kindly do not attempt to evade that responsibility by referring me to your partners.
13.11 David & Robert are preparing the second box of The 21st.Century Guide for 1981-2003. A punk-metal trio is ripping through the middle section of Fractured from Heavy ConstruKction, live in Europe on the 2000 tour. This is a spirited while flawed performance, and delivers in a way that the studio version didn't quite. It is hot, dangerous, and just about holding together.
After lunch, back to Bredonborough for guitar practising via the warehouse in Dorchester.
"Avoid celebrity."
