As everyone has read by now, Radiohead is releasing their seventh album, In Rainbows, in two formats. One format is a superfan-friendly, $81 discbox, to ship in early December. The second format is digital download. The notable thing, of course, is that you name your own price for the digital version. The band's contract with EMI ended after the release of their last album, Hail to the Thief, so until they link up with EMI again or another major, they're able to experiment with non-traditional distribution approaches. There will be no advance or promotional copies distributed to writers or other industry in-types—we all have to wait until October 10. Understandable, considering the disaster that ensued for label Beggars Banquet when Radiohead frontman Thom Yorke's 2006 solo album, The Eraser, leaked on the Internet. Radiohead is maintaining control.
This scheme begs the question: is it stealing if the band allows you to have it for nothing? I followed the links to pre-order checkout and entered the amount I am willing to pay for MP3s of their new album: $0. I thought there would be a catch, some point in the process that forced me to pay at least a penny, or perhaps a message calling me a cheapskate. But no, I even got a confirmation email that showed a price of $0 and informed me that I'll get another email when the album is ready for download. This may seem outrageous, but when you're a music writer, you get a steady flow of promos—things you may or may not like—that publicists and labels hope you'll review. I will most likely pay for my copy with an album review even though, quite frankly, every critic in the world can pan the album and Radiohead fans will still stand by it.
While many people pony up what they can to pay for the album, free is still an option, and this isn't the first time a band has made a digital album available for free. Wilco released Yankee Hotel Foxtrot for free online in 2001. And instead of suing fans when A Ghost is Born made its way around the P2P networks before the album's 2004 release, the band invited fans to donate money to Doctors Without Borders as compensation for their downloading. Frontman Jeff Tweedy estimates they raised about $15,000. In a May 2007 interview with Pitchfork, Tweedy said:
The whole experience with Yankee Hotel Foxtrot validated a lot of ideas we've had. It's not necessarily to make a piece of plastic we have to sell every two or three years. We would love to be able to think that we could do it even if we didn't have a record deal, which we proved to ourselves that we could. We liked the idea of people listening to our music. I guess the simplest way of saying it is that I don't think that artists should expend any energy keeping people from listening or seeing or hearing or reading their art. I think that's antithetical to the whole principle of being an artist.
The list goes on. Prince put out 3121 as a free download earlier this year. UK band The Charlatans will release their album for free download in 2008. Robin Davey of the Bastard Fairies—an LA-based band that released their album for free online and later achieved Internet celebrity thanks in part to Bill O'Reilly's outrage over one of their self-produced videos—told me in an interview that, "We believe in our music so much that we believe if they do like it they will want to go and discover everything else we have. Giving it away makes no big deal; it makes perfect sense."
The labels may be freaking out, but this is clearly a sign of a band using its music to promote itself (as if Radiohead really needs any more promotion). If the new Radiohead album blows me away, I'm more likely to write a positive review that will encourage more people to purchase the album, buy some In Rainbows merchandise, or gather my friends to go see them live—and tickets won't be cheap. Part of the reason Radiohead is able to pull this off and have people volunteer to pay money is that they've been around for a long time and have a very loyal, borderline zealous, fan base. It's a great experiment and the major label executives will undoubtedly gnaw on their nails as they wait to see the results. It's one thing when a relatively unknown band does this sort of thing as an attempt to build a fan base and get a major label contract. It's a whole new thing when an wildly popular band's contract with a major ends and they go on to self-release and pay-what-you-want album.
And this all comes at a time when the first sued fan to take the RIAA to trial lost the battle. Jammie Thomas of Duluth, Minnesota, has been ordered to pay $220,000—$9,250 for 24 major-label songs. The artists include Journey and Green Day. Should be a fun appeal to watch.
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