The legality of viral marketing

The music is probably more up the alley of a college aged student but the efforts behind this story are still relevant to PR practitioners.

The story goes like this: Trent Reznor, the lead singer of the industrial rock band Nine Inch Nails, took part in a viral marketing campaign in which he left USB drives containing digital copies of songs from his unreleased album in the bathrooms at Nine Inch Nails concerts during the European tour. Lucky fans who happened upon them distributed the songs on personal blogs and websites. The campaign also included fans deciphering messages on t-shirts and websites. The Recording Industry Association of America (RIAA) is now suing Reznor for leaking the music.

I personally find the campaign to be brilliant. It's cost effective and relies on a cheap medium to deliver the news and promote the upcoming album. The fans are the best way to get other fans excited and build momentum. Selectively releasing tracks gives listeners a preview into the overall sound of the album. It's mysterious and keeps fans talking about the album, the band, the campaign, Reznor himself and so on. The RIAA is making a stretch in its efforts to reign in Reznor in my opinion. The stories report that Reznor personally authorized the release of the tracks. The fact that the RIAA sent e-mails to bloggers insisting that they remove the songs from their sites has only worked to create more hype and more buzz about the album. Despite this marketing campaign and the intentional release of three tracks the rest of the album has not been leaked on the internet. The album is set to be released April 17.


I'm a fan of viral marketing. I like the concept of using inexpensive media techniques as a PR vehicle. After reading this story on several different news sites I'm confused about what the base of the RIAA's case is. Reznor has the right to release the music he holds the intellectual property rights to doesn't he? Are there ethical considerations to take into account? All my reading tells me that Reznor is behind the release so it doesn't infringe on any issues of right or wrong. Finally, even though Reznor (most likely) recorded the music in the United States the USB drives with the music were discovered in Europe. What, if any, are the legal issues surrounding the campaign?

What are people's thoughts on this campaign? Is it effective? Do the professionals think it would work? What is everyone's overall opinion?

Links:

--http://news.google.com/nwshp?ie=UTF-8&oe=UTF-8&hl=en&tab=wn&ncl=1115017373

--http://www.imediaconnection.com/news/14310.asp

--http://www.cnn.com/2007/SHOWBIZ/Music/04/02/nineinchnails.reut/

--http://www.cbc.ca/arts/music/story/2007/04/02/nineinchnails-reznor-album.html

--http://www.billboard.com/bbcom/news/article_display.jsp?vnu_content_id=1003565585


Respectfully submitted:

TJ McMahon