A slap on the wrist from EMI Records

Following on from my misadventures with eBay last week (see my post from Saturday 26th March) I've now been targeted directly by EMI Records. This is what they had to say:

Via email [and recorded delivery]

Dear Sir,

Re: Fischerspooner- Odyssey

It has recently been brought to our attention that you have purported to sell a promotional CDR via the eBay website under the name of Fischerspooner- Odyssey (the "Promotional Records").

If the Promotional Record is a genuine copy released by a label or subsidiary of the EMI Group plc (collectively "EMI") it will bear the express notification that the Promotional Record cannot be sold and that ownership and title remains vested in EMI. Therefore any attempt to sell such a Promotional Record is an attempt to sell EMI's property which, it will not surprise you to note, is illegal.

Equally if the Promotional Record has not been manufactured by EMI but as it would appear bears sound recordings owned or controlled by EMI then such copy is an illegal copy and you have been attempting to sell counterfeit product.

Therefore we believe that your sale constitutes an unlawful breach of EMI's rights and we therefore demand from you:-

A. The immediate return of the Promotional Record. You should send the Promotional Record to this office marked for the attention of the Content Protection Department if it is still in your possession, custody or control.

B. The immediate return of all and any copies of the Promotional Record made by you or manufactured for you which are in your possession, custody or control.

C. Your written:-

(i) undertaking not to further infringe our rights in and to the Promotional Record;

(ii) undertaking that all commercial activity with respect to the Promotional Record ceased immediately upon receipt of this letter, if not prior thereto, and will not be resumed in the future;

(iii) confirmation of the specific circumstances surrounding your acquisition of the Promotional Record including, but not limited to, the identity of the individual or individuals who provided the Promotional Record to you, how you became aware of its existence and the amount of money (if any) paid by you in exchange for the Promotional Record;

(iv) confirmation of the name and address of the entity or person(s) who purchased the Promotional Record at auction. How much did you sell the same for? We require written proof of the sum paid;

(v) confirmation of details of all other media, including other internet sits, through or via which you have offered the Promotional Record for sale.


EMI views your infringement of our... (sentence missing)... Wednesday 7th April 2005, we will not hesitate to pursue any and all available remedies whether at law or in equity (and including but not limited to damages). In the meantime we would ask you to note that this is not an exhaustive statement of our rights and/or remedies as against you and in consequence all such rights and/or remedies are hereby expressly reserved.

Yours faithfully

EMI Content Protection
EMI Music
27 Wrights Lane
London W8 5SW
UK

So... I'm not gonna drag this out, I'll do the right thing and send them back their precious CD. But it does wind me up just a little bit. First off, perhaps EMI ought to exercise stricter control over who is given promos in the first place. There's a plethora of promos that find their way into every secondhand record shop, record fair or online auction site, so there's obviously a lot of reviewers or DJs who are happily flogging their copies. Quite why EMI don't target the primary source of these promos - namely the record shops or record fairs (which is where I bought mine) - I don't know. And I'm still curious to know whether EMI are this heavy-handed about all promos, or just ones that haven't had an "official" release yet - for example, just browsing eBay today brings up over 90 different promo CDs for Blur, another band signed to EMI Records.

I feel like I've been given a criminal record... well, a criminal CD.