Pick On Someone Your Own Size

Written by Eric Olsen
Published October 01, 2002
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Still, can we really go as far as 2 say that digital technology is creating a "nation of thieves" who no longer recognize the just value of art? Prince is a man of extreme dualities, not to say contradictions, but while he is off blithely making statements like, "It is worth remembering, 4 xample, that sales of music CDs actually increased when Napster was at its peak, and declined after Napster was abruptly shut down," his enforcers have been threatening fans since at least 1998, as evidenced by this email letter sent to several Prince-related site webmasters:

    Sent: Friday, March 20, 1998 1:05 PM
    To: {name deleted here}
    Subject: Unauthorized Use of Paisley Park Enterprises Materials

    Dear Sir/Madam:

    Please be advised that I am legal counsel to NPG Records, Paisley Park Enterprises, the Artist formerly known as Prince (the "Artist") and the related companies of the Artist (all collectively referred herein as "Paisley Park"). Please be advised that Paisley Park retains proprietary rights in the names, images and likenesses and performances of the Artist.

    It has recently come to our attention that you have been proliferating material through the Internet and otherwise that contains copyrighted material owned by the Artist including, but not limited to, the Artist's name, likeness or recordings (the "Unauthorized Material"") without any authorization from Paisley Park to do so. You are hereby put on notice that the dissemination of any such Unauthorized Material without the prior express authorization from Paisley Park may cause immediate and irreparable harm to Paisley Park's reputation and to the Artist's valuable proprietary right in his name, image and likeness and would also constitute a willful violation of both federal and state unfair competition laws.

    Accordingly, we hereby demand the following of you and any person or entity with which you are affiliated: (1) that you immediately cease and desist from the dissemination, copying, or commercial exploitation of the Unauthorized Material; (2) deliver to us all such copies, including the packaging therefor which are in your possession and control; (3) that you deliver to us all such copies of Unauthorized Material which come into your possession and control; (4) that you secure the return of all such copies from any person or entities; (5) that you remove all Unauthorized Material from you web pages or web sites. We further demand that you advise us, immediately of what steps you will take to prevent the dissemination or further distribution or exploitation of the Unauthorized Materials by you, any affiliates or related entities.

    You are hereby placed on notice that the possession and dissemination, or other exploitation of the Unauthorized Material at issue is unlawful and a serious violation of Paisley Park's legal and equitable rights for which they will hold you and any person or entity acting in concert with you, fully accountable. This letter is without prejudice to Paisley Park's legal and equitable rights, all of which are expressly reserved.

    ....Sincerely,
    L. Londell McMillan

To which a recipient rather cheekily replied:
    Dear Sir/Madam:
    Please be advised that I am a fan of NPG Records, Paisley Park Enterprises,
    and the Artist formerly known as Prince (the "Artist") and the related companies of the Artist (all collectively referred herein as "Paisley Park"). Please be advised that Paisley Park is absolutely paranoid when it comes to names, images and likenesses and performances of the Artist.

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Pick On Someone Your Own Size
Published: October 01, 2002
Type:
Section: Music
Filed Under: Music: News, Music: Pop, Music: Hip-hop, Music: Rock
Writer: Eric Olsen
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#1 — October 1, 2002 @ 16:13PM — Chris [URL]

What's interesting is it seems like artists whose careers are in decline are the only ones upset by all this new fangled internet music sharing. Run "U2 Live" through a Google search and you find a ton of sites offering "pirated" CD's or downloads. Heck, one site even has almost every U2 show ever done available for download.

#2 — October 1, 2002 @ 17:00PM — Eric Olsen

Good point, Chris, thanks.

#3 — October 1, 2002 @ 18:42PM — Russell Fischer [URL]

And this after Island Records sued Negativland into the ground 'on behalf' of U2, based on Negativland's use of mateiral related to that bunch of Irish 'rockers'. Another duality.

#4 — October 2, 2002 @ 14:05PM — an admirer of... [URL]

interesting... might also find this interesting as well... thanks...

#5 — October 2, 2002 @ 14:15PM — Eric Olsen

Thanks Matthew (?), looks very interesting indeed, will follow up.

#6 — October 2, 2002 @ 14:53PM — an admirer of... [URL]

No, just a visitor of his site. Matthew also linked to this site yesterday too (but for some reason the links and quote are no longer there.)

Prince: "Regardless of industry spin, eye love my fams and thank them 4 ALL their support, even the bootleggers! Peace and Love Christ." - Prince, 6/8/00

Also listed temporarily here:
(In prince's own words on page 6 of the liner notes of his official 5cd "Crystal Ball" boxset)
"9. Movie Star - D'Angelo's favorite bootleg. His love 4 this track inspired its inclusion..."

Prince has an interesting way of expressing to his fans how he feels about bootlegging. From accepting it in interviews & liner notes, to sueing one of the folks that bought the 5CD set simply because of what was mentioned in the article above. Not exactly what they teach in business school. Is the lawsuit just a way to drum up publicity for Prince's own upcoming 3CD live album coming out this fall? Seems like a pretty cheap way of getting it in the short run, but quite expensive in the long run based on just a few of the responses here.

#7 — October 2, 2002 @ 19:10PM — an admirer of... [URL]

As posted here by Prince on his official website less than 2 months ago:

What is 4 sure, however, is that, in spite of its many claims 2 the contrary, the recording industry has yet 2 provide evidence that P2P is actually detrimental 2 music making as an artistic endeavor, and even as a commercial venture. It is worth remembering, 4 xample, that sales of music CDs actually increased when Napster was at its peak, and declined after Napster was abruptly shut down. Even economists who thought that file sharing "should b" hurting the recording industry r now xpressing their doubts, based on what they say is simply not happening.

More importantly, many well-respected artists have sided with Internet users against corporate greed and actually use the Internet 2 promote alternative ways 2 distribute their music and reach out 2 a non-captive, legitimate audience of authentic music lovers.

This does not mean, of course, that all 4ms of file sharing r equally innocuous. There is little doubt that, when people use the Internet as a substitute 4 radio, i.e. as a way 2 discover new music, it can help promote the work of artists. But when a young junior high school student downloads tracks off the Internet and makes CD-R copies of them that he then sells 4 $5 in the schoolyard, it hurts sales of the original CD and it's disrespectful of the artist - regardless of how small a cut of the actual CD price the artist actually gets after all the xecutives and the middlemen in the recording industry have taken their piece of the pie.

Still, can we really go as far as 2 say that digital technology is creating a "nation of thieves" who no longer recognize the just value of art?


Contradiction anyone?

#8 — December 23, 2007 @ 18:05PM — Jeremy

Hi,
Just read your dialog regardingPrince copyright issue. I have just been suspended from eBay for 1 year for selling an official Prince DVD which is available on many online shops like amazon, hmv etc... as well as retail shops. Obviously these people who are in charge of that holy mission are targeting independent music sellers who can not fight back easily. I make my living on Ebay and the only way i could resume is for Prince's people to withdraw their complaint which i guess not going to happen. The DVD Prince Glory Years has even an authentic EAN number but these things do not mean anything unless you are HMV or some other big company that can defend itself. They do not even bother to provide a contact to discuss the subject with. Do you have any idea what i can do about this? Best Regards...

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