Uncanny

OK, so “extravaganza” may be a bit much, but it’s a great, eye catching word, so what the heck? As I mentioned in a previous blog, I’ve been fortunate enough to come across several Beach Boys/Brian Wilson promo only CDs. For some reason I’m oddly drawn to these scarce discs. It’s a weird fetish. When I first got into the Beach Boys, ca. 2000, I was only dimly aware of such things as promo only releases. Around the same time I began to do some freelance music writing- record reviews, musician interviews, concert previews, etc. Since most of the deadlines for the record reviews I was assigned were tied to the record’s release date, record companies would send me advance copies of the records. More often than not, the advance copies I would receive were just the standard release with the bar code marked out. For albums I was especially keen on reviewing, e.g. Beach Boys/Brian Wilson, I also managed to obtain the advance, promo only pressing.

The allure of these advance pressings was that they enabled me to hear wonderful music well before the street date. Once the record is officially released to the masses, they lose some of their appeal, particularly because most of them are pretty bare bones. These advance promo discs are almost always pressed in the CD-R format with minimal, or no packaging. The tops of the discs usually have very rudimentary printing- just basic information like the name of the artist and the album’s title.

Nevertheless, these discs are collectable, and covetable, because of their unavailability- for the most part only record company insiders, musicians’ family and friends and select members of the press and radio are sent such discs. They’re even scarcer because only very limited amounts are pressed, usually no more than 350-500. Some journalists are uninterested in the advances they are sent, or tire of the album after they finish their reviews, so many of these discs invariable end up in the trash. All in all, they are hard to come by.

Another unique aspect of these promo discs is that they are pressed at a different date, time, and likely location, than the officially released pressing. This difference has led some collector’s websites to refer to these discs as “CD-R acetates.” I think this term is misleading. Even worse, it’s inaccurate. In my mind, acetates are discs actually pressed on acetate, not silicone CD-Rs. The special pressing/manufacturing of these promo discs lends them a mystique, albeit a limited mystique, since the actual music/sounds are identical to the official pressing. One more distinctive thing is that the discs are often individually watermarked; copies are digitally marked so they can be traced back to the source disc.

Adding to their desirability is the vaguely illicit aura surrounding them. Some record companies insist that even after they give promos away they still retain control over them. These companies contend that they can stop people from selling, trading or giving these discs away. One guy was even sued for selling promo discs on e-bay. Luckily, the federal district court judge properly applied the law and promptly threw out the music company’s frivolous lawsuit. As the district court judge wrote, “Looking to the economic realities of the transaction, [the record company’s] distribution of Promo CDs provides the recipient with many critical rights of ownership, including the right to perpetual possession and the freedom from obligations to [the record company]. Accordingly, [the record company’s] distribution of Promo CDs to the music industry insiders is properly characterized as a gift or sale, not a license, and title to the CDs transferred to the insiders.”

Unfortunately, the pig headed company appealed the trial court’s decision. A decision from the appellate court is still months away. In the meantime, the district court’s decision is the only ruling on the matter, so my promos are mine, free and clear. I can use them the same way I could any other disc I obtain though more traditional methods.

Over the up-coming 4th of July holiday I plan on scanning my discs, writing reviews, notes, thoughts, etc. and posting them on the blog. Stay tuned!