Oasis Label Giant Hammers Teen Webmaster
When it comes to crackdowns on fan club Web sites, Derek Gorman is the David battling the Sony Music Goliath.
It seems the Internet's lack of respect for geographical borders has finally
hit Sony Music where it hurts -- and the 17-year-old Oasis fan from
Britain may have cast the most damaging stone.
Gorman is the London teenager who used to host the OasisWorld Web
page, and who last week received an email letter from lawyers for Sony
Music U.K. and Creation Records, the band's English label, threatening legal action resulting in fines or imprisonment. The missive ordered him to remove from OasisWorld sound clips of five songs from the band's Be Here Now album, due out Aug. 26 in the U.S. (Aug. 21 in Britain).
What Sony didn't realize is Gorman copied the sound files from the Web site of Sony's own Brazilian division, which has since removed them.
Although he did remove the clips, Gorman is not done yet. He said that he welcomed legal action from Sony. Speaking with bravado worthy of Oasis' Noel and Liam Gallagher, he explained, "I don't think they could do anything in court whatsoever. I'd like to see them take action..."
The proceedings against Gorman are symptomatic of the extraordinary lengths
Sony and Oasis have gone to protect the band's material. For the past
two months, the label has attempted to shroud Be Here Now in secrecy
worthy of FBI files. When, for example, three British radio stations played the single "D'You Know What I Mean" before they were issued official copies, Creation Records (a Sony subsidiary) called police to investigate how the stations obtained the song.
Prior to that, the band's management office sent an email letter to nearly
every Oasis site on the Net, which forecast legal action against fan pages
if they did not remove all copyrighted material (including the photos,
sound clips and the band's logo) or obtain permission to display such
items. Although no litigation is known to have stemmed from the threat,
dozens of sites shut down in its wake, or altered their graphics to only
include material from the band's official site.
Laurence Gilmore, head of the entertainment and intellectual properties
department at the law firm of Hamlin Slowe, which represents Sony U.K.,
said that Gorman's site was in violation of British copyright law. "He was
publishing/performing sound recordings without consent," he said.
Gilmore said that despite the Internet's border-blind nature, Sony Music
Brazil only has the right to distribute Oasis' music within that country,
and that the company does not have the right under its contract to license
clips to Webmasters such as Gorman.
Meanwhile, Gorman claims he's done nothing wrong. "The clips were on their site, Sony's site, already. They were very short clips, and in the copyright
laws, there's a loophole that says you can use it for 'fair use.' It's
for fair use, not making money or anything. And I haven't made a penny off
my site, so they can't do anything, I don't believe."
But Sony already has. Although Gorman's OasisWorld was hosted by the
Clearlight Internet service provider, 1,500 fans a day visited the site
through a link Gorman maintained at a domain bearing his own name. Under
pressure from Sony, Easynet, the provider of Gorman's domain, revoked his
page, despite the fact that, according to Gorman, no Oasis sound files were
kept on any Easynet server.
As the worldwide explosion of the Internet continues, big business and law
have found it difficult to keep pace with savvy Net users such as Gorman. In a related case, the entire record industry is battling enterprising computer users who are using new computer sound technology to trade entire CD quality songs over the Net.
For the time being, however, copyright laws written for the non-cyber world
still apply, according to Shari Steele, an attorney for the Web freedom
advocacy group, the Electronic Frontier Foundation. After Oasis' management
sent its letter about copyrighted materials, Steele said, "Sound files,
pictures and even lyrics belong to the folks who created them, or the folks
who have been given ownership rights in them."
Thus, even if Sony itself posts Oasis sound files, it can still refuse others the right to do the same.
Gilmore said that Sony's action against Gorman was just one piece of a
larger effort to crack down on the unauthorized use of Oasis material.
Included in the letter to Gorman was a copy of an injunction issued against
Steven Pockett, a webmaster charging to make dummies of an advance copy of Be Here Now that he had obtained.
Pockett was ordered to turn over his copy of the album and reveal the
source from which he received it, as well as the number of copies he made,
and the names and addresses of recipients of those copies. Although
Gilmore refused to discuss Sony's further legal proceedings, citing their
unfinished state, he said one action "may well be" litigation to determine
who leaked Be Here Now to Pockett and perhaps others.
Jack Martin, founder of the Oasis Webmasters for Internet Freedom, wondered
if Sony would have taken the same action with Gorman had Be Here Now already been released. "I don't see how this is very much different than getting a sound clip off the official page of 'Don't Look Back in Anger' or
'Wonderwall' and putting it up, except for the fact that the album hasn't
been released yet. But it's already on the Internet for free through an
official agent of the band."
After Gorman received Sony's letter ordering him to remove the Be Here
Now sound clips, he spoke to lawyers at Hamlin Slowe offices and signed
an agreement they drew up. "It said I would never sell, make, copy, etc.
anything to do with Oasis," Gorman said.
But if, under pressure from Sony, his service provider Easynet refuses to
reinstate his Gorman-named domain, the 17-year-old vowed to continue to use
the Net to his advantage. He said he'll provide links on his existing page
to other Web sites with Be Here Nowsound samples.
"There's nothing saying that I can't do that," Gorman said.