For example, Definitive Jux (an EMI label) entered into an agreement with viral marketing firm, Better Propaganda, which granted Better Propaganda the right "to use, copy, distribute, display and perform [a specified song] on and through the Internet and the World Wide Web..."). This song remains available on the Better Propaganda site. Plaintiffs did not produce this document....

Similarly, Astralwerks (another EMI label) engaged Toolshed, Inc. ("Toolshed"), a Viral marketing firm, to distribute sound recordings pursuant to a marketing program by which Toolshed would virally distribute free MP3 downloads through various blogs and Toolshed's own website. Importantly, Toolshed's webpage for downloads notes clearly that "All songs . . . are pre-licensed for use on your site. Simply browse, find music you like, and copy it to your page." .... Toolshed has done projects for numerous labels, including EMI labels Astralwerks, Capitol Records, Caroline Records and Definitive Jux Toolshed distributed free MP3s for numerous of Plaintiffs' artists -- including Air, Willy Mason, Bat for Lashes, Pacificl, Carbon/Silicon, The Perceptionists, and Amos Lee -- including one of the same artists that Robertson is accused of wrongfully sideloading.... Plaintiffs did not produce documents they exchanged with Toolshed relating to those projects.

One project by Toolshed is especially important: as emails (dated March 5, 2007) provided to Robertson from Toolshed indicate, Astralwerks paid Toolshed to get websites to give away MP3s for the new release of the album "Pocket Symphony" by Air, to be released on March 6, 2007.... Toolshed achieved coverage, including free downloads of a track and/or video placement, with numerous sites, including 3HiVe, Donewaiting, Kevchino, Music for Kids Who Can't Read Good, Muzzle of Bees, PopMatters, Sixeyes, Stereogum, Antville, and Kingbline..., some of the same sites and the same artist from which Robertson is accused of wrongfully downloading Plaintiffs' songs and which Plaintiffs have alleged are unauthorized sources of MP3's.... Plaintiffs did not produce such documents.

For instance, BitTorrent conversion is NUTS. Of 210,000 downloads (of this bundle) earlier this week, more than 85,000 clicked through “Support the Author” to the book’s Amazon page. We all had to triple and quadruple check that to believe it.

Even at a 1% conversion after clicking an effective “buy now” link, that translates to 850 books… and BitTorrent is only accelerating. Wow.

What happened next though was incredibly exciting. A bunch of superfans in Folkestone decided that they were going to make it happen. As one fan said, "Most bands don't come to this part of Kent, they tend to stop at London." They got super proactive and started to email all their friends and even petitioned the local radio station and newspaper. It exploded and went completely viral in a matter of hours through fan to fan word of mouth marketing, Hot Chip sold out. Check out the sales curve of pledges for the show, the huge viral spike is when fans started to self-organise.

Some interesting things we learned:
- 70% of the people who pledged had never seen Hot Chip before. Detour is really creating new fan to artist connections.
- 66% of the attendees found out about the show through their friends (The rest from Songkick and Hot Chip)
- 1 (amazing) fan emailed over 2000 people they knew to try and spread the word.

I think the thing that really blew me away was the level of self-organisation amongst fans. In a world where half the music industry is still focused on complaining about file sharing, people often forget that fan is short for fanatic. Hot Chip's fans are incredibly passionate about them and figured out a way to self-organise to make this show happen

Well, you'd be wrong (probably). Because those aren't darkly dressed neo-terrorists that have for some reason decided to specifically blow you up with a neutron bomb (dear lord, you're self-centered). No, it's your friendly folks at Nestle, responding to the GPS technology in your treat to hand you £10,000 in cold, pants-crappingly terrifying cash. It's all part of the new Nestle contest to reward customers by tracking them down via GPS technology in their candybars within 24 hours of being consumed. They named this campaign "Nestle: we will find you!", because apparently "Nestle: we could find and kill you for eating our products anytime we wanted to" didn't strike quite the right tone.

Now, I know what you're thinking. You're thinking that there's no reason for me to think this contest will play out the way I described above. Well, here's Nestle's own ad for the contest.

Now, I'm generally all for creative promotions, but this all seems terrifying. A private company is going to track me down via GPS and throw a suitcase at me in a major city? Well, not me, since not only am I not European, but I'm one of the six people on the planet that absolutely hates chocolate...but you, sweet Euro-reader! It could be you who fudges your pants after eating fudge! So, in conclusion, the article gives a listing of the candy bars you should avoid if you don't want to be hunted down.

The grand prizes for Nestle's We Will Find You promotion, involve these four chocolate products: KitKat 4 Finger, KitKat Chunky, Aero Peppermint Medium and Yorkie Milk.

($10 says there's a porno parody of those candy names out there somewhere.)

As part of an exclusive one-year partnership with Twentieth Century Fox Home Entertainment, the malls will have a wall with cover art and QR codes for many the studio’s home videos. People who want to buy the movie or TV show can download a smartphone app called Fox Movie Mall, available for both iPhones and Android devices. It will enable them to scan an image and go directly to a Web site to complete the purchase for a DVD or Blu-ray disc shipped free to their home.

We came here expecting to talk with one of the biggest names in Hollywood. But apparently Disney doesn't want Johnny Depp’s new movie, premiering here at the Paramount, to get more exposure than his newest 'Pirates of the Caribbean' movie. So they didn't allow us to interview him, nor did they allow us to get video of him.

As a result, the ESPN Defendants recognized that by associating their various products and services with the hip hop, rap and R7B musical genres and with And1 and the Marketing Plan, the ESPN Defendants would also receive increased good will and brand name recognition among the Urban Oriented Consumer demographic, would receive increased website traffic to their websites, and would enjoy increased marketing, sale and distribution of the various products and services sold by ESPN Defendants, including those involving the game of basketball, to such Consumers.

The ESPN Defendants thus intentionally set out to associate themselves with the Mixtapes distributed by And1 and the ripple effect copies, described above, that it also knew would be produced, distributed and shared by others, and to profit therefrom.

1. Deuces, by Chris Brown
   
   This song was released for free by Chris Brown, as a part of a mixtape entitled Fan of a Fan -- apparently released as part of the effort to rehabilitate Brown's reputation, following the incident with Rihanna. It was only after the song was released free, and a bunch of (you guessed it) hiphop blogs and forums started promoting it, that his label, a subsidiary of Sony Music decided to release it commercially. That song was sent directly to dajaz1 from someone at Brown's record label, using an email from the record label, and it's clear from the email that the sender is urging the recipient to spread the songs.
   
   
2. Long Gone, by Nelly
   
   This song was sent directly by a VP at the record label, who was thanked in the blog post on the website, which linked to where the song could be downloaded. A simple search by Agent Reynolds of the person thanked on the blog posting (which I did) would quickly uncover the fact that the person was a VP at the record label.
   
   
3. Fall For Your Type, by Jamie Foxx
   
   This song was sent directly by a known promoter of music, who has worked with the major record labels. The email clearly suggests that it is promoting the song for the rightsholder, and directly encourages the recipients of the email to download and share the song.
   
   
4. Mechanics, by Reek Da Villian
   
   This one's interesting, since Reek Da Villian is not signed to a major record label, but is an artist whom Busta Rhymes has taken under his wing, and has been supporting and promoting for a while now. That song was apparently sent directly by Busta Rhymes -- though I did not see that email. However, considering that his work is not represented through an RIAA affiliated label, it seems odd that Reynolds would rely on an RIAA representative to later claim that this file was infringing. There's even a sort of odd admission of this in Agent Reynold's affidavit, where he notes:

   "Based on my review of public record listings, as well as conversations with RIAA representatives, I know that as of October 26th, 2010, all of the above referenced songs were determined to be "Pre-release" or not yet released for purchase to the general public, three were copyrighted, and the copyright holders did not authorize their third party distribution over the Internet by DAJAZ1.COM or any other website."

   Note that he says all were pre-release, but only three were copyrighted. Of course, this is another example of where Agent Reynolds shows his confusion about the law. All new and original creative works in the US when set in fixed format are automatically covered by copyright (technically "copyrighted" is not a verb, also). What Agent Reynolds probably meant, but got wrong, was that the Reek Da Villian song was not registered (which is not required to be covered by copyright). Still, if we assume that he believes what he wrote, how is it copyright infringement when Agent Reynolds himself admits that one of the songs is supposedly not covered by copyright? And why would the magistrate judge allow that?

I'd like 2 invite U to the premiere of Killers. June 1 I'm going live 2 the web & Pirating the 1st 10 min of Killers from the premiere

"I love it. I like the movie so much I'm going to show it online, on the web, I'm going to pirate the first 13 minutes of the movie."

Probably not so awesome for anyone who works in the worldwide antipiracy community. Or the people who have been laid off recently from the studio home video divisions because sales have plummeted in part due to rampant online theft.

Sources say that iTunes representatives have been urging labels to rethink their participation in the Amazon promotion and that they have backed up those warnings by withdrawing marketing support for certain releases featured as Daily Deals.

In response, label executives at Capitol, Capitol Nashville and Jive recently opted against participating in Daily Deal promotions they had been considering for Corinne Bailey Rae's "The Sea," Lady Antebellum's "Need You Now" and Ke$ha's "Animal," sources say.

What does NOT work (well)

• Not going all the way. Fans love free music and so do people that are not familiar with an artist's work, but if you're going to give something away then really give it away. If you don't, you won't get the attention you were hoping for and might even disappoint some fans instead of connecting with them.

Creating unnecessary mediums instead of utilizing existing ones. While the Bacardi B-Live Share application looked cool (now offline), it was completely unnecessary. Instead of creating a digital dashboard with meaningless graphics, it could have been executed in a much simpler fashion by utilizing existing social networks or filesharing websites. IF you're going to set up such a thing, then at least make it interactive, social (in terms of enabling users to interact with each other) and add value (with videos or a game for instance). You could even use it to sell other products of the band or artist.

Expecting people to pay for what they can get for free. People might pay, but most will pick whatever way is most convenient. Usually, this is by remaining seated at your computer and by avoiding complicated online payment procedures. Sure, people should use legal ways to buy music, but the reality is that people go for convenience.

What does work (well)

• Giving fans a reason to buy. Instead of expecting people to pay for something which they can, perhaps more easily, get for free, create added value. This is what Nine Inch Nails, Mos Def and Danger Mouse and Sparklehorse all did very well. Instead of expecting people to pay for the music, they all created something besides the music which people would be more willing to pay for.
• Freemium. By offering something for free, one connects with fans and they will spread the word about you (as long as what you're offering has value). Once attention has been garnered, and perhaps sympathy has been won, you can offer a premium product. This is how Radiohead and Nine Inch Nails have been successful with aforementioned albums. First you give something for free, then you market your premium; freemium.
• Understanding that the package IS the product. This goes for all of the cases, except for Groove Armada. In the case of Danger Mouse and Sparklehorse as well as Mos Def, the package was actually the reason to buy the product. In the case of Radiohead and Nine Inch Nails, they marketed the package as premiums, perhaps understanding that it's hard to make money if you have to compete with free, meaning music downloads.
• Buzz. By generating buzz, you can turn people just turned on to your product into fans. These fans can then later be marketed to when trying to sell premium packages (or subscriptions for example). Even if they don't buy, having them talking about your brand or product increases the buzz. This works best if they can give others free samples (free music) to see for themselves how great the brand or product is.
• Co-branding. By co-branding, the two brands can both benefit of each others' resources and skills. In the case of Groove Armada and Bacardi, the latter benefits mostly from Groove Armada's image and the ability to promote themselves on all Groove Armada-related products, this includes live performances. Groove Armada on the other hand, benefits from the resources Bacardi has, for instance to set up the website and network for the distribution of the music, as well as their marketing capacities. Both are connected to different audiences and by working together, they can promote each other to their respective audiences, perhaps new ones.

Apparently, unauthorized copies of the unfinished and unreleased track "I Got All Of That" by Gucci Mane have been stolen and sent out to certain websites by parties unknown to us. In cooperation with the artist and his manager, we instructed our third-party vendor to notify websites to take down the unauthorized track from their sites immediately. We appreciate the cooperation of sites that recognize that this unfinished song does not represent the artist's complete vision and may have been obtained illegally.

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• Insights Due: 17 Aug 2009, 11:59PMPT