HW:A Few Topics

[Paul Mather]

On Sun, 20 Apr 1997, Jon Browne wrote:

>                                      If you have another look at the
> letter, at no point does it actually say this is a pirate or bootleg
> production.

Yes, I noticed that, which is why I didn't actually say the same thing
myself. :-)

There are several possible scenarios here.  I think two are likely:

1) The band made a REALLY STUPID deal when they sold the Anthology/Acid
Daze tracks wherein the company to whom they sold those tracks bought
exclusive rights to them, including all publishing rights.  This means, in
effect, the company owns them, can hawk them [no pun intended] as much as
they want, to whoever they want: the band loses any control over this
material.  This seems to me to be an unlikely scenario, because the band
effectively lose control over their material.  Perhaps it might happen
early in a band's career, when they are non too savvy, but after several
albums and years??

2) The band sold (licensed) the tracks for a specific release (as is
conventional).  The company then, without the band's knowledge or
permission, illegally sold the tracks on to other companies.  This seems
to be a more likely scenario, especially as I've read interviews with Dave
Brock that cite the same course of events.

If we take scenario 2 to be most likely, then it doesn't matter if
Emphorio bought the tracks in good faith: they still have no rights under
law to release them.  If I unwittingly buy a stolen car, in good faith, I
still don't legally own it, and its ownership still reverts back to its
original owner.  All I can say to Emphorio is "caveat emptor!"

I am also suspicious that they are unwitting dupes.  To claim these tracks
are "rare" is bad enough.  But, to depict Ron Tree, circa 1995, as is
alleged, smacks of dissembly.  (Eager Hawkwind fan, on seeing sleeve
drools, "Rare tracks from a recent tour!  Gimme, gimme!)  Emphorio must
have even a passing knowledge of Hawkwind, having released material by
them previously, so there is a fair chance that the origin (date wise) of
the tracks is known.  But maybe they didn't, and were taken for a ride.

>                                             The point is Emporio as far
> as I know (at this stage) cannot be sued, forced to withdraw the disc or
> even hand over any cash. (Not that there's going to be lot of cash
> involved in a record with a dealer price of around 1.50 UKP.)

If they published this material illegally, then I disagree with you.
But, the sad thing about illegal releases is that pragmatics, and not
legalities, hold sway.  These companies know that if they're found out,
often it is too costly for a band to sue (unless they are mega-rich), and
so they're not likely to.  And meanwhile, the probability that a Hawkfan
gets conned when they buy a Hawkwind release increases slightly but
steadily...

Cheers,

Paul.

obCD: King Crimson, _Larks' Tongues in Aspic_

e-mail: paul at csgrad.cs.vt.edu                    A stranger in a strange land.