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Defected, Pesto and the copyrights

Last night was quite a hot one as the posts about pulling Ricardo Torres' PestoMix off got you (and me) really upset. Well, the dust has settled and today, I received a message from Tony Garvey, Head of Promotions at Defected. I'm still unsure if they will keep to "seek compensation for this illegal usage" but Tony's email reads very reasonable and nice.

Please find his message including my replies (italic) below:

Hi Tony,

Thanks a lot for your prompt reply! Please find my answers below.


Hey Jost - hope you are well, We have had a few direct email as I guess you have sent out a mail to your members. I understand the promotional value of podcasts as we ourselves have a very successful one that has around 50'000 subscribbers - and it is not the intention to quash anyone's love for House music, on the contrary we are trying to bring the sound to as many new ears as possible. As you know the music industry as a whole is in decline, yet the accessibility of music is possible the strongest it has ever been due to the digital revolution, but unfortunately the 2 aren't working in tandem - people are hearing about music, but not buying it in the same percentage.


Fully agree with you here.

We are a business and yes our business is Music but we have to protect our catalogue and the rights on behalf of our Artists whom spend time and money recording it.


I do second that!

It is true that we can't chase everybody who uploads music or mixes, but where we have to opportunity we do ask them to remove its unauthorized usage (Ricardo could very easily remove the 2 tracks requested, replace them with 2 new tracks and the podcast need never of suffered).



That's exactly what happened now. There is no Defected material left in the PestoMix and the new version has been posted. If Ellie had sent me a message asking to take the tunes off, I would have done it (and, in fact, did) - it was rather the "we will seek for compensation" thingy that got me quite upset. I'm sure it wasn't some standard email that's being sent out whenever you become aware of "copyright infringement" as she used the contact form on pesto.de. I do understand your point of view here (as I expressed in my reply to Ellie) but we reap what we sow. Therefore I had to comment on that as much as Ricardo and many others had to.

There have been occasion we do allow tracks to be used, but this is with prior approval and the understanding of exactly where it is going and to whom it is targeting, something we would use in conjunction with the promotion of a release - remember I am a promoter of Music and I look at ALL opportunities.



Okay, that's at least a guideline for a possible future use of Defected products, especially for those who are not in direct touch with you.

We do also give away free music - 3 free downloads in the coming weeks for Fish Go Deep, DJ Fudge and Charles Webster, all very established producers.



That's great and highly appreciated! Pesto does the same btw with the Pesto FreeBees. Though our artists may not be as established (yet) as the ones mentionedWinking

I think that we are being unjustifiable targeted for just taking care of our business as the law dictates.



I have a different point of view on that one (especially as we're talking not just about copyrights but DJ culture as a whole). But as I replied to Ellie yesterday. I do see your point and indeed, I do accept it. Yet still, it's not that the law forces you to act like that - that's totally up to your decision. And sorry for repeating myself here but I want to be very clear about that: I do accept your decision. Happy

We are a small company that has a big reputation and it is our music and hard work that has created that not money.


And my guess is that people are aware of that fact and that is what gets them so upset. Like said above, I do understand your point completely but the image you leave with "normal" people (i.e. not working in the music business) is like you're behaving like a Major. And sueing your clients is not considered a good business model (I'm not saying you're doing so but it APPEARS like that). So it's pure surprise that one of the "good boys" apparently turned "bad" (from my and their perspective).

Once again it is not our desire to turn anyone off who has supported our label over the years, but the current climate is very different than it was even 2 years ago and the reason we are still here is because we care and we work hard.Hopefully you now understand a little of the story from our end, I am happy to discuss directly and will entertain any opportunities for us both to work together as ultimately we all have the same love and goals



Tony, after Ellie's message got me so upset, I'm glad to read your mail. You sound very calm and reasonable and as I said before, it never was my intention to point the finger on Defected for the way they're doing their business. An easy message (without the threatening part) would have done the job. I'm furthermore glad to having received such a quick reply from you that's putting things straight in a very nice way - thanks a lot for that!

In order to be fair, I suggest I'm publishing this correspondence between you and me (without the personal information, of course) so the House lovers out there can relax or at least decide on their own which point of view they will take.

cheers...Jost



Best Regards#TG


PestoMix 008 by Ricardo Torres - New & Improved

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[intro: please read about the reasons we had to change Ricardo's PestoMix] Imagine this: you're listening to some internet radio station and one of the DJs presented there really catches your attention with a very unique blend of US House. One day, you discover a tune in one of his mixes and the track list reveals it's a white label bootleg. You're now searching for this guy's web site, get in touch with him and he is more than just nice and puts the tune up his server. You are staying in touch with him, become online friends and it turns out that his wife is an amazing singer.

Sounds like a fairytale? It surely is, but that's the story how Ricardo Torres, Sandra Lima and Jon Silva got in touch.

So today is like a dream come true in several ways: first off, we are proud to present PestoMix 008 by West Coast Collective's Ricardo Torres. Below in the track list, you will also find Sandra Lima's brand new "Higher" which will be released in late April. The third dream come true is the fact that you'll have "Higher" remixed by House music legend Jay-J of Shifted Music. Here's the track list:

01. Manuel Tur & Dplay - Move [Compost / Z Records] (includes Akabu - Ride The Storm (Talkapella))
02. Rhythm Plate feat. Astral T - Inside Me [Hudd Traxx]
03. Julius Papp feat. Tonee Green - Primitive Future (Doruk Ozlen Mix) [Soulfuric]
04. Ta - Time (Original Extended Vocal Mix) [POJI]
05. Mirco Esposito & Tommy Mads feat. Andrew Robinson - Feeling (Club Mix) [Deeptown Music]
06. James Bryan - Beautiful World (Central Avenue Soulful Mix) [Barcoda]
07. Bongoloverz feat. An-Tonic - The Ministers (Classic Mix) [Soulfuric]
08. Bobby D'Ambrosio feat. Kelli Sae - Love Forever More, Amen (Fabulous and Jones Club Mix) [Soulfuric]
09. Shagman - Ring My Thing [Candy Town]
10. Groundholder - Do It 4 Da Love (Tommy Largo Mix) [Connected Musik]
11. Sandra Lima - Higher (Jay-J Remix) [Pesto 011]
12. Midnight Salsa - Deeper [Bueno Booty] (includes Jay-J - Latinesta (Acapella) [Moulton Studios]
13. Unknown - Cool Like X [Peaches]




Get your dose of West Coast madness, pure soul and early summer feeling here:
click here to be transferred to iTunes
click here to download the MP3 file


PestoMix 008 by Ricardo Torres [update 2]

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[update 2: the new & improved PestoMix 008 by Ricardo Torres is available!] We just received a message from Defected stating an unauthorized use of music that Defected holds the copyright for.

We are sorry to say that we have to pull PestoMix 008 off the page until this issue is being solved. We, as all the other labels that have been part of the PestoMixes before, consider this free promo for the artists and labels we love. On the other hand, Defected is totally right from a legal point of view.

Sorry for any inconvenience.
[update: after publishing this, we got a lot of reactions from all over]

Ricardo Torres' statement (posted on the Traxsource and SSRadio forum, too):
read here

Here's what I posted on Undergroundhouse.net (you need to register first to read the thread):
"Went through this thread after somebody pointed me to this one - good read.

I'm running a small label called Pesto Music and today, I also received one of those letters as the latest free (!) PestoMix by Ricardo Torres contained two tunes from "In The House". Here's what they said:
"I have received a newsletter with a PestoMix that includes 2 of Defected tracks that are unreleased. Defected has not granted you any authorisation to use them and we control the copyright. Please remove them from this mix immediately. You are giving our music away for free when you do not have the rights. We will seek compensation for this illegal usage. Please email me immediately."

First off, the tracks had been released (how could Ricardo buy them on Traxsource otherwise???), second...well, you all said that about supporting & stuff.

I know it smells like cheap self promo here, but I just wanted to let all you jocks know that we at Pesto & Traxx gladly embrace the opportunity of you guys supporting us by putting our stuff on your mixes. You're furthermore authorised to use any Pesto & Traxx tunes in your mixes (and it'd be great if you'd let us know so we can link back to you). We also experienced that FANS put up our music on youtube - and hey, we say "thank you" for doing so.

I'm not saying Defected are dick heads - from a legal point of view, they're right. I just don't understand their way as I believe putting tracks in mixes won't hurt your sales rather than support them. Strange world we're living in...

cheers...Jon Silva, Pesto Music"

Defected, there are two ways: either you're trying to treat your biggest supporters as criminals or you're trying to bash your competition (are you afraid of Pesto, really now?). Either way, the stance you're taking is hardly understandable by the House music community, especially not by the ones that buy your products and supported you throughout the years of your existence.
Apparently, you haven't understood what the internet means and how it works. When somebody else put up Simone de Nauw's "Luv" on youtube, we said "thank you for the support" rather than asking the respective person to take the file down. The steps you take will result in damaging your image as the leader of House music labels as so many people are connected nowadays. You would have had the chance to get your products promoted for FREE but you rather chose to do harm to your artists and your public appearance. What a pitty.

Traxsource: Miami Insider Tips

Although we are not attending this year's Winter Music Conference in Miami, we will be very present there as we got an amazing offer by one of the world's leading download stores Traxsource. Here's what the buzz is all about:

"Traxsource has created a unique promotional opportunity for this years Miami conference. We have created alliances with 80+ key retail establishments in and around Miami Beach (complete listings here). Traxsource will showcase only the Hottest Content we have across our main genres by providing DJ mixed CDs which identify Traxsource as the source to these establishments for playback during the week of Conference."



We're proud to announce that From P60's "New Way" (Jon Silva's Filthy Remix) will be part of this exclusive showcase!

Share This! [update]

sharethis_reflect
In order to make your visit on pesto.de even more enjoyable, we are introducing a few changes.

First of all, we stripped off the code to make the pages load quicker. You will surely notice that even on slower connections, the page now loads way snappier. As a result, we don't have the tag cloud anymore but only few visitors were using this feature.

We also got rid of the advertisement. Although the number of visitors implies that at least the hosting costs could be covered, the number of clicks on the ads was too low to justify cluttering the page. In the end, we wouldn't click on "Buy the best Trance & Techno records here" either. Winking

The third item is an additional feature called "ShareThis™" which makes it easier for you to share news on pesto.de with your friends. You can use this to post our content on your social networks such as Myspace and Facebook, you can easily add the news to your bookmark service such as del.icio.us or post it to your blog . "ShareThis™" also allows you to send news items via email or even SMS. So now you can express your excitement about a new release or a great PestoMix by sending your friends a message. Neat, innit?

[update: if you click on the "ShareThis™" button below, you will only be able to send a link to this page, but not the specific news item. Workaround: clicking on "Permalink" below the headline opens only that very news item, enabling you to include a link pointing directly to the respective post rather than the whole news page.]

You can try the feature by clicking below.

Winter Music Conference

While everybody else is warming up for Miami and pushing out WMC samplers, we at Pesto will refrain from doing so. We prefer supplying you with excellent single releases on both Pesto and Traxx. "What's cooking?" you may ask - our answer will be an amazing release by Sandra Lima called "Higher".

Some of you might have heard the tune already but we'll release it in brand new versions and the "Higher" release will come with a huge bunch of remixes by some of the world's most famous artists. Pesto 011 includes remixes by House music's legend Jay-J and the usual suspects Jon Silva aka The Mulder. Pesto 011R will feature an amazing set of remixes by currently one of the hottest producers named Justin Michael, Thomas White of Natural Rhythm and West Coast Collective's very own Torin Rea plus a few more goodies.

Pesto 011 and 011R will be a true cross-Atlantic coop offering the very best in Deep House that's available on the planet right now. And, of course, we'll stick with the tradition of giving you the Pesto FreeBees, our hi quality MP3 downloads that you'll get for free. This time, we'll even offer you two free versions to download alongside the release of Pesto 011 and 011R.

On our sublabel Traxx Recordings, there's more hawtness coming your way: we're proud to announce that highly sought-after producer Da Funk from Switzerland's Acryl Music is having his debut on Traxx. After his "Electronic Love" on PestoLP002 (2.0 - The Next Generation Of Pesto Artists) founds its way into the CD sleeves of countless top DJs from all over, Da Funk returns with another smasher. "Roasted" will be one of the tunes to watch out for this spring and it's surely going to be one of this year's Eivissa staples. Traxx 005 will also come with a nice set of remixes - read more about them here in brief.

Jon Silva Charts March 2008

Here are Jon Silva's charts for March 2008:

01. Vas Floyd - Louie Love (Spirit Catcher's Back To The Roots Mix) [Escada]
02. Jeff Bennett - Instant Need (Paul Hazendonk Remix) [Kung Fu Dub]
03. Stan Kolev - Flashback (Side Chain Mix) [ReadyMix Records]
04. Scope - Lost On Collins [Glideslope]
05. Soda Inc. - Big Love [Klik Records]
06. Pedro Cali - Wet Soul (Tina Valen Remix) [Elevation]
07. Sandra Lima - Higher (Justin Michael Remix) [Pesto 011]
08. Spiritchaser - In My Dreams [Guess]
09. Andy Sant - Escapizm (Jon Silva's ESC Remix) [Kolour]
10. Aki-Tek - Get Fresh (Jon Silva's Freshhh Remix) [CDR]

Have you already voted for me on the DJ List in March?
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