The Gathering

Hi all,

Hope you are all doing fine.
There are a lot of illegal copies flying around on internet lately concerning work of our band, The Gathering. We try to react, because these illegal copies are seriously threatening The Gathering as a professional band. If you see any of these copies on homepages, ebay, whatsoever, please feel free to mail me via this forum.

Cheers, Hans Rutten on behalf of The Gathering/Psychonaut Rec.

Hi Hans

I know some online stores where this stuff is being sell. Illl check and let you know, but, should i let you know about ppl selling promos and live recordings too?

I guees u are talking, for example, about those russian 2 in 1 illegal copies.

Greets

-->Gerardo

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A celibate clergy is an especially good idea, because it tends to suppress any hereditary propensity toward fanaticism.

I've alerted you, in the past, and remain vigilent.


---
Brian

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everything before us or behind us is nothing compared to that which is within us

Like this?
http://cgi.ebay.com/The-Gathering-Colle ... dZViewItem

or this?
http://cgi.ebay.com/The-Gathering-If-Th ... dZViewItem

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It's probably that, and those Russia only copies that people sell to other countries. If names of eBay sellers that are known to sell Russia only copies are needed, PM me, I was surprised by these a few times.

Selling legit promo items on eBay is not illegal, as eBay is not classified as retail sales, and selling promo is only illegal in retail sales (ie, HMV, Amazon, etc.). A promo item is considered a legal pressing of an album (same with books, although books are usually missing the cover, which greatly reduce their interest), and most of all, a collectible. Outlets like eBay, used CD stores can sell them legally because they are not retail sales. Amazon (through their used items links) cannot sell them, because they are classified as retail sales. If you are bored, you can read the DMCA about it here

It's different if the promo is a fake promo in the first place.

And what about DC++ and Soulseek?

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In search for my Elois...

So if the CD says "promo not for sale" it's ok to sell it?

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The Gathering pics

Yes, that's basically what the first paragraph of the DMCA part says. Once you own a phonorecord (a CD, LP, tape, etc.) or a book, you are allowed to sell it, no matter what wording is on the cover. The promo only / not for resale only stands for retail. It used to be called the first sale doctrine (I think) before the DMCA.

Beside, there are a lot of buying guides for rare and valuable promo albums issued by major book companies. It used to be done in conventions, the Internet just made it easier.

What can I say... It's really a big problem - illegal copies:( And it's not only a TG problem:( I don't know how to solve this problem... but I think it depends only from you, personally. We are looking forward here (in Russia) for release of new album - "Home" and all my friend who likes TG already ordering this album in "Purple Legion" (legal copies of course). Believe me, it's very expensive for us, but... we like TG and ready to pay this price. But that people who don't have such potentials used illegal copies and I really dont know how to solve this problem... and besides, it's not only "Russian" problem. I saw on this site many illegal materials from other countries...

I know it might be difficult to track things but you may check the discography on the website to see if an item you suspect to be illegal is illegal or just a rare edition

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Maybe i'm paranoid, yeah that's my problem
You almost have to be when you look like me

Absolutely agree. But... when I see this: http://www.cyclingcolours.nl/forum/viewtopic.php?t=4388
it's upset me

reading this topic, i was scared all two in one russian copies were illegal... the "Irond" BLD / Monsters one is not (the only one i have) .... fortunately.

At the website which link I removed from the topic quoted above, visitors could watch and download video files. Between those bootleg's were videos taken from official album/single releases. It's illegal to spread those. That's why I removed the link from the post (and because it was the first post of that topic I closed the topic).

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Cycling Colours, a The Gathering fansite http://www.cyclingcolours.nl
news, live photo's, setlists, cd-reviews, interviews, links

This one is totally illegal!! Those are extracted from the community bonuses

This is ITE promo and should not be sold in stores as there was no copyright paid for this promo copy

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Maybe i'm paranoid, yeah that's my problem
You almost have to be when you look like me

Here is the exact quote from the Digital Millenium Copyright Act (I've cut the lines regarding restored work, as it does not apply to audio but more to video):



Basically, if you hand out a promo that was legally pressed and authorized by the record company or artist, no matter what stampings you put on the CD, the radio station / newspaper / individual can resell the album.

In the 2 eBay examples here:
1- That does look like a fake promo (it looks like something someone would make in his basement). It's illegal if it was not pressed by the band/record company.
2- Looks like a real promo, therefore 100% legal.

2 other things to remember. 1) eBay, again, is not a store. It's not retail sales. 2) The DMCA is not enforced in all countries. What is legal in one country might not be in another country, and vice-versa.

PS: I'm not trying to annoy people, but I'd rather think that we'd be looking for mass production of illegal records rather than a single promo item on eBay.

I'm sure the ITE promo is not a fake since I have one myself that I got from Century Media...
And well, better to email Hans via his email addy than reporting things here. For hans it's easier aswell cause he can forward your emails to the people who deal with the legal stuffs..

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Maybe i'm paranoid, yeah that's my problem
You almost have to be when you look like me

I read once that "Piracy is a tax on popularity", and I find that it is true.
My first contact with TG came with a copy of Mandylion from my brother. I've since bought all new material, DVDs and CD, assisted to a show (and I will if TG come back to Montreal!).
I completly disagree when other people make money out of very good artists, and I find that is the real crime being done.

I dont think this really has anything to do with the DMCA it's just general copyright law.

If you are even more bored, here's the first sale doctrine

http://en.wikipedia.org/wiki/First-sale_doctrine



*edit* As I said, that's US law, and it is similar in Canada. It might be different in other countries.

that's the official german promo dvd to promote home.
i got a copy of it sent from sanctuary. ..still it's not supposed to be sold.

cheers
gatherhead

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home sweet home