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Copyright Wrong

03.28.09 (9:04 am) [edit]

I have been writing music under the project name Null Factor for 10 years. July of 2009 will mark the 10 year anniversary of my first release, "Re: modulated". Over this 10 year period, I have released 4 full-length albums:

1999 - Re: modulated
2001 - Calculating The Human Form
2003 - Purity
2007 - Human Analog

All 4 albums have been self-released, with the exception of "Purity" which saw the help of Ballistic Test Productions of Canada helping with promotions and distribution. "Purity" happens to be the most successful of my releases, because of the help of Ballistic Test Productions.

Now that I am out of contract with Ballistic Test, I decided to post "Purity" on my last.fm profile to help promote the Null Factor name. When I finished uploading the "Purity" album to last.fm, I received the following error: "Unable To Add Album, 'Purity'. This Album Has Been Added By A Different Label."

Confused, I did a little research. As it turns out, the very famous Industrial music label, Metropolis Records, added my "Purity" album under THEIR label. I have never been a part of the Metropolis Records roster, so the fact that my album was under their last.fm profile surprised me (as well as succeeding in pissing me off). What really got my ears hot was the fact that this line was present under MY album's title: "©Metropolis Records".

I sent Metropolis Records an e-mail asking why my album was under their profile and why THEY put THEIR copyright under MY album. In my message to them, I left them with this choice: "If you wish to work with Null Factor, as a unit, then I would be more than happy to discuss a contract with your A&R Department. However, if Metropolis is not interested in a working relationship, then I will have to ask you to cease and desist."

Luckily, I am a registered member of BMI, so I should have some good resources available to me, if I need them. The entire "Purity" album is registered with BMI, so I am covered. But that doesn't help my feelings of complete shock that a label as reputable as Metropolis Records would do something like this. What are they trying to accomplish by claiming my album as one of their owned copyrights?

More to come as this unfolds...

+ruined

posted by: PastorDave (reply)
post date: 03.28.09 (6:36 am)

So, does this mean I can no longer use Human Analog as my morning worship music at church, listed as written and produced by PastorDave?

posted by: ruined (reply)
post date: 03.28.09 (6:38 am)

bwahahahaaa... I'll hereby grant you a non-exclusive license to do so. heh heh heh

posted by: sweetvampiress (reply)
post date: 03.28.09 (7:48 am)

well what a kick in the butt!!I do hope everything works out and they own up to their mistake. Where can I get your music I would like to check it out.. I remember hearing a sample of it a while back and remembering liking it.

posted by: ruined (reply)
post date: 03.28.09 (8:01 am)

Reply to: sweetvampiress
Thanks! I do hope it works out, as well. I love Metropolis Records. They are THE best label in the electronic/Industrial music world.

You can listen to my stuff at www *dot* vampirefreaks *dot* com *slash* nullfactor. I'm currently holding a vampirefreaks exclusive deal where for $8 (for US citizens) or $10 (anywhere out of the USA), you will get my latest CD, "Human Analog" along with a bonus CD-R, hand-printed and numbered (only 100 are available). This covers shipping, so it's a flat rate. I could extend the deal beyond vampirefreaks if this is something you may be interested in. =] I invite you to go to my vampirefreaks profile to listen to some of the music, first... just to make sure you like what you hear.

Have you ever heard of vampirefreaks *dot* com? Just wondering, considering your tblog name and all! =]

posted by: OldSchool (reply)
post date: 03.28.09 (8:12 am)

I have heard the music industry can be ruthless. On the positive side, you could take it as a compliment that they would want to take credit for the copyright!
On the serious side, I hope it all works out for the best for you.

posted by: ruined (reply)
post date: 03.28.09 (8:40 am)

Reply to: OldSchool
Very true... the music industry CAN be ruthless. But, they've picked the wrong person to try to screw over... *insert evil laugh here*

I'll likely post follow-ups to this to keep everybody posted as to how this develops.

posted by: Ladyg (reply)
post date: 03.28.09 (10:12 am)

Tell them to keep the copyright and send you a million dollars or whatever you are willing to sell it for.

posted by: barnabus1 (reply)
post date: 03.28.09 (2:11 pm)

Amen to LadyG I think they owe you a bundle for using it!!! would definitely try to collect, so they won't jack some other poor guy over as well!!

posted by: ruined (reply)
post date: 03.28.09 (4:54 pm)

LADYG & BARNABUS1:

My ultimatum, as stated above, is to either sign me, or cease and desist. BUT (and here is where your plan comes in), if they do neither, since I am a member of BMI, I have the ability to sue them to the fullest extent of the copyright laws... which is $100,000 per instance. It is an 11-track album, so I would be able to sue them for $1,100,000. So, yup... that is the last resort, but if they want to play ball, the game is fixed in my favor! =]