EMI: Demand to cease and desist

EMI’s standing in Ireland has hit an unprecedented low with the revelation that a “Cease and Desist” demand has been placed on the album Phantom Vol 1, which was put together by the company, in co-operation with the Dublin pirate station Phantom FM.

The demand has been made by BMG Records, on the basis that incorrect information in relation to the album had been supplied by EMI when clearances were being sought. A letter, written by Andy Young of the BMG business affairs division, asserts that the company was misled in relation to the nature of the album, going on to state that the licence to use the BMG tracks would not have been granted “if the association with Phantom had been known”.

In response, EMI wrote to BMG pointing out that Phantom.com is not an illegal station. “That’s just playing with words,” BMG MD Freddie Middleton commented. “But as yet we don’t know if in fact the album has been withdrawn.”

Hot Press has learned that the tracks that appeared on the Phantom album were requested for an album provisionally entitled The Other Side, which had apparently been described by those responsible in EMI as an album of indie-type hits.

“I cleared the tracks in good faith for that,” one major record company boss told Hot Press. “We had absolutely no idea that any radio station was involved. I was asked for tracks for one kind of album and it was issued as another. I was fit to be tied when I found out. I felt that we had been suckered. It’s as simple as that.”

The demand to Cease and Desist is in effect a demand that the album should no longer be sold by EMI. But that merely reflects the widespread anger that is felt among the labels who supplied tracks, and discovered the Phantom link-up later.

“Why suck us into all of this?” Universal’s Dave Pennefather commented to Hot Press. “We thrive on our relationship with radio stations. They’re our lifeblood. I wouldn’t want that to be eroded because of some record company’s desire to put an album together with a pirate station, whatever their motive.”

“I don’t want to make any kind of official comment,” another major record company MD said to Hot Press, “but the whole thing is so bloody arrogant and stupid. I just can’t understand how they thought they would get away without people noticing.”

Meanwhile, Blur’s manager Niamh Byrne, of the Chris Morrison Organisation, has described the inclusion of a Blur track on the album as “astonishing.” Clearly perplexed by the revelation, Byrne confirmed that CMO had not been made aware of the fact that the track, ‘End Of A Century’, was being used in the context of Phantom Volume 1. “We’ll have to check further into this,” she told Hot Press.

Paul McGuinness of Principle Management, whose company handles the affairs of P.J. Harvey, has also confirmed that he was unaware of the link with Phantom when he approved the use of ‘This Is Love’ on the album. “We did approve a compilation request from EMI a long time ago, for a similar album,” he told Hot Press. “I didn’t know at the time it was branded Phantom.”

However, McGuinness is unimpressed by the suggestion on the part of Today FM and FM 104 that artists featured on the album might not continue to receive radio-play on those stations. “I’m not really sure that I want to join their crusade,” he said. “I mean neither of them plays Polly very much anyway.” His summing up in relation to the attack on the pirate? “A lot of legitimate radio stations used to be pirate stations, so you know what, I don’t really care.”

Dave Pennefather, however, remains angry at the methods used to clear the tracks, and the fact that no one seems to have been told about the Phantom link.

“Why didn’t they use all of their own tracks?” he asks. “I don’t want to be tarred with anyone else’s brush. There are enough legitimate radio stations out there, and business is tough enough for some of them as it is.”