Maroon 5 and the new phenomenon baffling the music industry

 

A new phenomenon which sees cover versions of songs like Payphone released before the originals is causing controversy across the music industry.

 

By Ben Leach and Adam Lusher

8:15AM BST 01 Jul 2012

 

It is the mysterious new phenomenon causing confusion and controversy across the music industry.

Some of the world's biggest pop stars have fallen victim to the practice, which sees near perfect copies of their latest songs enter the charts before they have even released their own version.

 

A fortnight ago, for the first time, one of these copies – a cover version of a song by the band Maroon 5 – made it into the top ten of the British charts before the real track was released.

The success baffled the music industry because the identity of those behind the copycat version – released under the name "Precision Tunes" – remained secret.

Now an investigation has revealed the true identity of the man behind the phenomenon.

 

The Sunday Telegraph tracked down Joshua Weinstein, who admitted to being the label manager of Precision Tunes, to New York. Speaking for the first time, he promised to stop releasing copycat songs before the originals, and pledged to "relinquish any monies made" from such tracks.

Copycat versions of popular songs have been widely available since digital downloads took off a decade ago.

The practice sees session musicians and computer experts produce a near-exact imitation of the original after hearing it on the radio. The copies are sold on websites such as iTunes and Amazon, typically for 79p a track.

 

Previously, however, the copies have only been released after the original version became popular.

The new tactic of releasing copycat versions before the original has enraged the music industry.

It is possible because of the unique situation in the UK where, unlike in other countries, songs by big acts get weeks of radio airplay before the official single is released. Traditionally, this has allowed bands to build demand to ensure big first week sales.

The internet, however, means cover bands can now get in first, quickly making an online copy of the song available for fans who cannot wait for the real thing, or who do not realise they are buying an imitation.

Insiders last week revealed, however, that it has so far gone unchecked, partly because the copycats are operating in a legal grey area created by the rapidly-evolving nature of the internet.

Some experts said that such releases would be open to legal challenge because they breach the original artists' 'first mechanical right', which gives the songwriter the right to record and release their version before anyone else.

The debate has intensified since the Maroon 5 controversy.

On June 17, a track called "Payphone (Maroon 5 Feat Wiz Khalifa Tribute)" by an unknown group calling itself Precision Tunes made it to number nine in the official charts, purely on the basis of online downloads.

This was a week before the US band Maroon 5 and the rapper Wiz Khalifa released the official version of their song Payphone.

In the week it reached the top ten, the Precision Tunes version reportedly sold 34,492 downloads – a figure which music industry insiders said was surprisingly high.

 

The Sunday Telegraph set out to find the individuals behind the song release.

We established that the song had been put up for sale on iTunes by an international online music distribution company called The Orchard, which has a base in London's West End and regularly protects its own copyrights when they are breached on YouTube.

We then found that The Orchard had distributed the track on behalf of Mr Weinstein, a New York-based music producer. He confirmed that he was the man behind Precision Tunes, and the manager of its label "PT Records".

In a statement, Mr Weinstein said he was now "restructuring" his operation and pledged to "relinquish the proceeds" from Payphone and eight other tracks copied from other artists, including Usher, Jennifer Lopez and Justin Bieber.

He said: "We have currently restructured the company and its employees, are in the process of issuing takedowns and researching accounting for those releases and plan to relinquish any monies made on the nine releases."

Although the Precision Tunes cover version is the first to make it to the top ten, in February 'Kings of Pop' reached number 40 with a sound-alike version of the song The Hardest Ever, by will.i.am, the musician and judge of the BBC talent show The Voice.

In April 'Carly Rae Jepsen Tribute Team' got to number 49 with a cover of Call Me Maybe a week before the Canadian singer Carly Rae Jepsen released the original version of her song.

In an attempt to thwart copying, some record labels are now rushing their songs out as soon as they realise a cover version is online. Earlier this month the success of a cover group named Can You Blow My in reaching number 38 prompted the rush release of the US artist Flo Rida's song Whistle, two weeks earlier than planned.

 

For every copy of a cover version sold, the online retailer – such as iTunes – gets a percentage, and also passes a percentage on to the genuine composer of the original song as a writer's fee.

The performers of the original song, however, will miss out on sound recording royalties which they would have received if the buyer had purchased a copy of the genuine track.

Online retailers get a percentage of the cover version's download fee. There is no suggestion, however, that they are in any way responsible for the practice. The big retailers usually insist that anyone selling through their sites signs a waiver saying their own all relevant rights to the music.

On June 24, Maroon 5 reached number one in the UK, with sales figures of more than 141,000. By then the Precision Tunes cover version had slipped to 85. It has now been taken down from iTunes.

Tim Lewis, the managing director of Singsongs Music Ltd, a UK based record label which releases 'sound-alike' songs for the karaoke market, explained how the process of recording works.

He said: "The production process can be quite complicated but generally speaking the songs are reproduced in a recording studio. The producer will have a copy of the original song and musicians will be asked to reproduce their own part instrument by instrument.

"But the process will depend on the nature of the original version. If it's a pop song, for example, then the songs will often use lots of synthetic instruments. If it's a jazz track then things will be different."

The Orchard was founded in New York in 1997 by Richard Gottehrer, a record producer, and Scott Cohen, a music manager, and is now one of the world's largest independent distributors of digital music, used by original artists as well those creating cover versions.

It merged with another distributor IODA in March, creating a firm with a reported $130 million (£83 million) revenue.

Mr Cohen, now the international vice president of the company, is a visiting professor at London Metropolitan University and sits on the council of British Phonographic Industry, the record industry's trade body.

 

The Orchard declined to comment.

Edited July 4, 201213 yr by steve201

Surprised that it sounds like this Joshua Weinstein backed down very quickly from doing something apparantly perfectly legal on the basis of one phone call from the Telegraph, presumably feared bad PR to other parts of his business once he was unmasked?

 

Of course, on air/on sale would be a big dent in the sales of fakes, but they're unlikely to be going away unless iTunes or someone intervenes- there were a few fake versions of Call Me Maybe in the iTunes top 500 even when the original had spent a couple of weeks at number 1, I don't think you could have a satisfactory situation if someone (iTunes or whoever) has to decide which is a cover version with artistic integrity and which is an opportunistic rip-off.

 

Why are they baffled? There's a simple answer - release EVERYTHING on air on sale.

Exactly - and make a law so itunes have to make clear to the customer what version is which and not naming releases in such a way wereby customers think they are buying flo rida when they are actual buying the fake artists!!

Why has it taken them so long to notice this? This has been going on for years. I suppose Precision Tunes going top 10 made it 'big' news but they should still have picked up on it before now.

 

As Tom said, a very simple solution to this problem is just use OA/OS. (Although if the fake versions are available for a lower price they can continue to steal a somewhat significant number of sales asnyway - see fakes of 'Whistle' and the MONTHS OLD 'Niggas In Paris' being in the iTunes top 200 for most of last week).

 

Ha at the identity of 'Precision Tunes' being completely unknown until they had to TRACK HIM DOWN :lol: You wouldn't think it'd be that hard to find information about him/them...

Edited July 4, 201213 yr by BBB

Just release everything OA/OS, it's long overdue! This problem is only going to keep getting worse unless they do something.

Why are they baffled? There's a simple answer - release EVERYTHING on air on sale.

 

They really should do it. Not that I really care 'cause I never buy singles but somehow it still annoys me they premier a song and then wait 2 months to release it.

Why are they baffled? There's a simple answer - release EVERYTHING on air on sale.

 

Exactly, I have little or no sympathy simply because of the fact they are deliberately holding back the release to maximise the impact of first week sales as this is the easiest way to ensure a big hit, it's lazy and it's outdated. If somebody wants to take advantage of that then fair play to them - the simple solution is not to stop Priority Tunes or whoever it is because tomorrow there will be somebody else to replace them if the demand is there - just release the song as soon as you send it to radio.

Surprised that it sounds like this Joshua Weinstein backed down very quickly from doing something apparantly perfectly legal on the basis of one phone call from the Telegraph, presumably feared bad PR to other parts of his business once he was unmasked?

 

Of course, on air/on sale would be a big dent in the sales of fakes, but they're unlikely to be going away unless iTunes or someone intervenes- there were a few fake versions of Call Me Maybe in the iTunes top 500 even when the original had spent a couple of weeks at number 1, I don't think you could have a satisfactory situation if someone (iTunes or whoever) has to decide which is a cover version with artistic integrity and which is an opportunistic rip-off.

If it were possible I'd put a bet on that what Mr Weinstein said was simply masking the truth and that in the coming months Precision Tunes will still be releasing cover versions prior to the real version going on sale.

As usual the music industry is painfully slow in reacting to the changing landscape of music. A business model that cannot adapt to change quickly is going to suffer and it seems that the music industry is the worst example of this.

Are iTunes not liable for selling an uncleared cover version? - assuming it is uncleared by the copy-write owners.

^^theres always loads of people that complain when they realise they have a fake copy - its theft really!!

Are iTunes not liable for selling an uncleared cover version? - assuming it is uncleared by the copy-write owners.

Did you even read the article?

 

The big retailers usually insist that anyone selling through their sites signs a waiver saying their own all relevant rights to the music.

^^theres always loads of people that complain when they realise they have a fake copy - its theft really!!

 

It's their own fault for not realising that the artist is clearly not the real one. And for not reading the other reviews of the track right under it. You must be really stupid to buy a fake version of a song believing it to be the real version. In fact most of them say they're a tribute or cover right next to the track title - the Precision Tunes version of Payphone was alsways tagged with '(Maroon 5 Feat Wiz Khalifa Tribute)'.

Did you even read the article?

 

 

I read about half of it. Then I got bored.

Edited July 4, 201213 yr by tonyttt31

Alarm bells should have started ringing in the industry by 2009 at the latest, when the 'When Love Takes Over' fake almost made the Top 20. This so called "new phenomenon" has been building up for four years!

 

I think the UK music industry should have agreed to adopt an OA/OS approach at the turn of the decade, i.e. January 2010. Consumers would be completely used to this "practice" two and a half years down the line. Sigh. The only reason its trial didn't work in 2011 is because not all labels were willing to do it, and it really has to be all or nothing.

 

To be honest, I'd welcome more and more fake versions to chart highly until the industry is finally bewildered enough to get their act together and release like the rest of the world does.

It's their own fault for not realising that the artist is clearly not the real one.

 

Exactly : caveat emptor ;)

I give it about a year before the first 'fake' number 1. Then let's see what they do.

It's their own fault for not realising that the artist is clearly not the real one. And for not reading the other reviews of the track right under it. You must be really stupid to buy a fake version of a song believing it to be the real version. In fact most of them say they're a tribute or cover right next to the track title - the Precision Tunes version of Payphone was alsways tagged with '(Maroon 5 Feat Wiz Khalifa Tribute)'.

 

But that's simply to ensure that the song comes up if someone types "maroon 5 wiz khalifa payphone". Those that aren't vigilant enough to check if it's the real thing before buying it are therefore duped. What I do think is cheeky is the fake versions that use a part of the lyric for the artist name, like Can You Blow My or I'm At A Payphone (yes really). So if someone puts in the wrong title they're more likely to find that version first.

 

As for the legality of these versions, providing that the songwriters' royalties are paid, I don't think there's anything they can do to stop them, at least if they are new recordings (The Hype Squad's Black And Yellow was dodgy on that ground, since it seemed to be more of an unofficial remix.)

Two things came to my mind:

 

1. it is not just iTunes, these fake covers are all over the sites, also on Amazon and HMV. When I search for a song on Amazon for example, there are at least 2-3 pages of fake covers of the particular song.

 

2. Actually where are these covers come from? 4-5 years ago there wasn't such a phenomenon if I remember well :wacko: