DIGITAL > AllofMP3 is illegal, says music industry

A hugely popular seller of music downloads is illegal, according to the music industry, and prosecutions are underway. AllofMP3.com, a Moscow-based service that undercuts iTunes by enormous margins, was accused today of paying nothing to artists.

The website, run by MediaServices Inc, has long protested its innocence. Yet the prices are remarkable: a British shopper can download an album from iTunes Music Store for £9.79; or typically about £0.75 from AllofMP3, which prices its downloads by file size. And the choice is enormous. All those Beatles albums that Apple is not allowed to sell can be found at AllofMP3.com for under a pound.

According to MediaServices, everything is licensed by the Russian Multimedia and Internet Society (ROMS) and the Rightholders Federation for Collective Copyright Management of Works Used Interactively (FAIR). MediaServices says that it pays licence fees "subject to the Law of the Russian Federation". It adds that it is not responsible for the actions of foreign users.

It has been suggested that the service falls through a loophole in Russian law; that public performances of recorded music do not require the authority of copyright holders; that the website pays ROMS and ROMS pays the artists; and that AllofMP3 operates within a grey area of the law.

But this is nonsense, according to the IFPI which represents the recording industry worldwide, with over 1,450 members in 75 countries, including Russia.

"AllofMP3.com is not a legal service either in Russia or anywhere else," IFPI head of litigation Lauri Rechardt told OUT-LAW today.

Rechardt said the site is distributing music without any permission from the artists or copyright holders.

"Unlike all the legitimate sites, it does not pay artists or copyright holders so it is effectively stealing from those who create music," he said. "Like most things that appear to be too good to be true, AllofMP3.com is not what it seems."

Regarding the claim of a licence from ROMS, Rechardt described ROMS as "a Russian organisation that claims to be a collecting society."

He continued: "ROMS has no rights from the record companies whatsoever to licence these pieces of music. ROMS and AllofMP3.com are well aware that record companies have not granted authorisation for this service."

He urged British consumers to stick to legal services. "Downloading from AllofMP3.com is illegal in most countries," he said. "Allofmp3.com clearly operates outside the international standards for copyright law, established by the EU Copyright Directive and World Intellectual Property Organisation (WIPO) treaties."

Rechardt continued: "Even if one took AllofMP3.com’s license from ROMS as legitimate, which it is clearly not, it would still have no extra-territorial effect."

The site itself acknowledges: "You are not able to download audio and video from AllOFMP3.com if is (sic) in conflict with the laws of your country of residence."

But recent figures from market research firm XTN Data suggest that AllofMP3's market share, at 14 per cent, is second only to iTunes, with 44 per cent, in the UK. That puts it ahead of Napster (8 per cent), Wippit (6 per cent) and MSN (6 per cent) in digital music sales.

Legal action has begun. There are two separate criminal proceedings ongoing in Russia. The public prosecutor in Moscow is taking a former director of MediaServices to trial. And a second case against a current director of MediaServices is in the investigation phase, according to the IFPI.

In May 2005, a German court granted a preliminary injunction against the site saying that it had no right to offer music in Germany without the proper rights holders' consent. In October 2005, the Italian authorities shut down a portal, allofMP3.it, and began a criminal investigation into it.

British consumers who buy music from an unlicensed site are infringing copyright. In theory, they could be sued by the music industry. However, the industry's legal action to date has targeted only those who upload music for others to access, using peer-to-peer services like Kazaa.

INTERVIEW > Tom Petty celebrates milestone

NEW YORK - Each week, Tom Petty selects some musical gems that have fallen into obscurity and beams them out on his satellite radio show, hoping to expose fans to some classic music that deserves another listen.

The rock legend is planning to apply some of that philosophy to his own vast catalog this summer, as Tom Petty & The Heartbreakers celebrate the 30th anniversary of the band.

Along with special surprise guests like Stevie Nicks, and supporting acts like Pearl Jam and the Allman Brothers, Petty is making the tour special by going back to the band's first album to play some rarely heard Heartbreaker tunes. They'll also dust off songs they haven't played in concert for years — though Petty didn't divulge which ones for this interview.

But he did talk about why this tour may be the last blowout tour for the Heartbreakers, his new solo album and why he's allowed cameras to follow the band's every move for the last year.

AP: Over the years, acts have proclaimed that this is their last tour but then go out on the road again ... is it safe to say that this may be your last tour?

Petty: Well, never say never (laughs). It might be the last really extended one. I didn't mean to imply that we were going to stop playing. Whether or not we'll continue to do the really long ones, that take up four or five months, I don't know.

AP: What is it about extended tours that you're leery of? Some people can be on tour all year long.

Petty: Well, I've done that all my life. I'm not weary of playing music, I'm a little weary of traveling that much, but it's not even that. It's just that I have so many recording projects I wanna do, going out for half of the year really eats into my time.

AP: Being that your catalog is so vast after three decades, are there any songs you wish you could retire — or are there songs that you wish you could play more of?

Petty: Well, you always want to play as much new stuff as you can, though it's hard for an audience, especially if it's really large, to take in a lot of new music, so I don't try and put a lot of those in. But if we get really tired of something we just retire it and replace it and maybe if we wanna bring it back later we do.

AP: You also have your radio show. What kind of release does that give you to play what you want?

Petty: It's a real joy. I'm really pleased that it's gone over so well. XM (Satellite Radio) tells us it's one of their top shows, and we get a lot of response, a lot of e-mails from listeners. The nice thing that I didn't really count about it is so many young people write in and tell us that they had no knowledge of this music at all, and are getting turned on to things. I had a girl write in who never heard of Chuck Berry. And she was in her teens and was thanking me for discovering Chuck.

AP: Do you have any advice for your good friend Bob Dylan as he does his own radio show?

Petty: No, he's going to be fine. He's doing a different kind of show that I do. I've just heard the first one, and I think it's fantastic.

AP: Looking back at your 30 years, what are some of your achievements that blow your mind?

Petty: That it's gone on so long is kind of mind blowing, I certainly never would have thought that.

AP: Does it ever get old for you? Do you need time off to recharge?

Petty: I think it's about time to do that because if you stay on the road all the time, it's not the most creative place as far as writing, it's very hard for me to write on the road, and I think if you do take some time away, you come back with a lot more enthusiasm for it. but I don't get tired. We're in such a nice position right now, things have gone so well. I have people approach me on the streets and say, thanks for writing the soundtrack to my life. I can't tell you how good that makes me feel as a songwriter.

AP: Peter Bongdanovich is doing a documentary on the Heartbreakers. Has he been following you around with cameras?

Petty: We've given him a lot more access than we've ever given anyone. He does follow us around with cameras, interviewing us, talking to lots of people. He's also filming some concerts. He's spent a great deal of time going through footage of the last 30 years. There's just a truckload of film that's been shot in 30 years, as you can imagine. So we have high hopes for the movie.

AP: Does being under such close scrutiny ever get uncomfortable?

Petty: (Laughs.) It's a little scary sometimes. I really admire Peter Bogdanovich, I always have and just the idea that he's doing this is pretty outstanding to me. But I also trust him. I told him early on, I'm just going to give you total carte blanche here and I'm going to trust that you'll make the movie you want, because what I don't want is for me to make the movie. I don't want it from my point of view ... sometimes we're miked all day and it's a little nerve-racking, but I'm really glad that somebody of that caliber wants to get this story down, because it is quite a story, and I think it deserves to be archived.

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Bongorama Music Chart: Tracks - May 2006

01. Midlake "Young Bride" (Bella Union)
02. Circle Square "Fight Sounds" (Output Recordings)
03. The Raconteurs "Steady As The Goes" (XL Recordings)
04. Morningwood "Nth Plane" (Capitol Records)
05. Gnarls Barkley "Crazy" (Warner Music)
06. Beirut "Postcards From Italy" (Ba Da Bing!)
07. Radio 4 "Enemies Like These" (Astralwerks)
08. Red Hot Chili Peppers "Dani California" (Warner Music)
09. Justice "Waters Of Nazareth (Erol Alkan Mix)" (Ed Banger Records/Because Music)
10. Hot Chip "Boy From School (Erol Alkan Mix) (EMI UK)

COACHELLA: Madonna Thrills Fans at Music Festival

INDIO, Calif. - Madonna thrilled thousands of fans at the Coachella Valley Music and Arts Festival Sunday, even as she brought a mainstream feel to the traditionally edgy event.

A swollen outdoor crowd erupted in cheers after the Material Girl made her entrance inside a glittering disco ball that split in two and launched into "Hung Up" for her opening number. She performed an abbreviated set of five songs in less than a half hour.

Not everyone was excited to see the pop star at the musical extravaganza best known for its lineup of indie-rock bands and dance-oriented DJs.

"I'm here for anything but Madonna," said Alessandra Ambrosio, a Brazilian model. "Madonna is too pop to be here."

More than 100,000 people came to the inland desert for two sold-out days of sun and sound. With 47 acts on Sunday's bill alone, fans had so many choices they had to miss some bands to catch others.

Theresa Hioki, 20, sat next to her bother on a large expanse of grass, contemplating the rest of the day's music ahead of them. Sunday's lineup also included the up-and-coming Matisyahu, a Hasidic reggae and hip-hop artist.

Hours before Madonna, the San Francisco-based Mates of State, a husband and wife duo, performed their unique blend of alt-pop drum and organ music.

Jason Hammel, a former cancer researcher, bounced in his seat as he beat his drums furiously, while his wife, Kori Gardner, a former school teacher, swayed in her red summer dress and played complex passages on her organ. The couple has grown from Oakland party gigs to receive a wave of attention for their smart, singable tunes.

British chart favorite James Blunt drew a large crowds, playing to a wedged-in audience in the Mojave Tent. Near the tent openings, the crowd stood 20 deep to catch a glimpse of the singer as he crooned mellifluous tunes, capping his performance with the hit "You're Beautiful" from his album "Back to Bedlam."