VRMA Anti-Piracy Guidelines for Record Pressing Plants
By Greg Schoener, Chair VRMA Anti-Piracy Committee.
The manufacture and distribution of counterfeit vinyl records is certainly not a new development within the music industry; it has been well-reported and documented. Since the advent of digital distribution and streaming, however, much of the resources and focus from various industry associations and governmental agencies has shifted to contesting copyright infringement in the digital realm.
For that reason, the Vinyl Record Manufacturing Association (VRMA) has elected to take an active role in copyright protection and its implications for the music industry, with an emphasis on educating and training pressing plants.
Understanding Vinyl Record Authenticity
Counterfeit vinyl records are unauthorized reproductions of officially released albums, created to deceive consumers. Original pressings have distinct features, like specific label designs or matrix numbers etched or scribed into the runout area of the record that may be difficult for a counterfeiter to replicate.
Emerging trends in vinyl record counterfeiting
1. Increased sophistication in production:
· Counterfeiters are leveraging advancements in manufacturing and printing technologies to create high-quality counterfeit records that closely resemble original releases.
· Counterfeiters can replicate packaging, logos, and trademarks with remarkable accuracy.
2. Focus on limited and special editions:
· Counterfeiters are targeting rare and limited-edition releases to exploit the high demand and perceived value associated with these products. (See photo examples).
· Adding illegitimate stickers or other markings to counterfeit records to make them appear as limited editions or promotional copies.
3. Exploitation of online marketplaces:
· Online marketplaces provide counterfeiters with a vast and often anonymous platform to reach global consumers.
· Some online sellers may offer multiple copies of rare, out-of-print records at questionably low prices, which can be a red flag for counterfeit activity.
Industry organizations and anti-piracy initiatives
· The Recording Industry Association of America (RIAA): represents the interests of the music industry and works to combat piracy.
· The International Federation of the Phonographic Industry (IFPI) represents the interests of the global music industry and works to combat piracy
As stated earlier, these organizations, while not turning a blind eye to counterfeiting of physical products, have clearly shifted their resources and focus to the digital realm. The good news is a considerable amount of effort was put into publications for the expressed purpose of educating and training optical disc pressing plants. This is very useful information that was simply resurrected and applied to vinyl records.
Anti-piracy best practices for vinyl record pressing plants:
1. Customer and broker notification and identification:
· Notify customers and brokers that your plant observes anti-piracy good business practices.
· Know the ultimate customer; ensure you always know the final customer for each order, even if working with brokers.
2. Content verification and rights checking:
· Obtain complete content details: For every order, require a complete artist and track listing from your customer or broker. You need to know what you're manufacturing.
· Examine artwork and packaging: Carefully review artwork, labels, and any other packaging to ensure consistency with the provided content details.
· Listen to the music.
· Check rights ownership: Unless you are absolutely certain of ownership, carry out checks using online databases (e.g., AllMusic, Amazon, Billboard) or industry resources to confirm who owns the rights to the recordings.
· Require verified ownership/licensing documentation: Do not accept simple declarations of ownership. Demand verifiable documentation, such as a direct license from the rights holder or a letter on their official letterhead confirming your customer's authorization to press the records.
3. Look for piracy indicators:
· Be aware of common piracy red flags: Scrutinize orders that exhibit indicators often associated with counterfeited products (e.g., suspiciously low price, blurry graphics, misspelled words, unknown record labels).
4. Documentation and record keeping:
· Maintain thorough records: Keep detailed records of each order for a minimum of 4 years (or longer if your country's statute of limitations for civil claims is longer).
· Essential records include: Customer details, production records, delivery records, invoices, track listings, ownership/licensing documentation provided by the customer, and samples of the final vinyl records and associated packaging.
5. Staff training and compliance:
· Designate a Compliance Officer: Appoint a qualified plant employee to be responsible for anti-piracy efforts, including training, reviewing orders for piracy concerns, and conducting customer background checks.
· Conduct piracy awareness training: Educate appropriate plant personnel about piracy indicators and best practices for prevention.
· Implement internal corrective procedures: Establish clear procedures for addressing non-compliance with anti-piracy protocols.
By implementing these measures, vinyl record pressing plants can proactively contribute to the fight against counterfeit records and protect the rights of creators and rights holders in the music industry.
Final thought …
It is important to note that the fight against vinyl piracy is a multi-faceted endeavor that requires a collaborative approach involving record labels, artists, manufacturers, retailers, government authorities, and consumers.
Examples of counterfeit records: