Goo Goo Dolls may be a regrettable choice for a band name--even the members
of the rock trio have admitted that--but it's apparently worth fighting for
as a brand name.
The group from Buffalo, N.Y., which hit it big with the song "Iris" in 1998,
is now fighting its label, Warner Bros. Records, for control of the
http://googoodolls.com Web site, and the feud recently prompted the band to
set up a competing "official" site at http://googoodolls.org that is nearly
identical in the nature of its content.
That conflict is hardly unique. Metallica, the Offspring and Aerosmith have
all battled their labels for online control, and Rage Against the Machine is
currently wrangling with its label on a similar issue.
The issue may seem like just another battlefront in the endless struggle
between artists and the corporations that sell their music. But to some
observers, such as Marc Geiger, co-CEO of ArtistDirect, the quest to control
Web sites is far more than a skirmish.
"It's quite simply the single most important issue on the landscape today,"
said Geiger, whose company creates online stores for artists such as the
Rolling Stones and Limp Bizkit. "The stuff that goes through the site--the
music, the tickets, the advertising--that's the oil going through the pipe,
but what's important is who owns the pipeline."
Others compare Web site content to a hit television show, while the Web site
itself is akin to the far more valuable network that airs that show.
So, not surprisingly, across the music industry the ownership of artist-named
Web sites has become a contentious issue as major powers such as Warner and
Sony make a concerted effort to scoop up the valuable virtual real estate
known as URLs--which stands for Uniform Resource Locater, the "address" of
Internet sites.
"The last month or so, these two companies have really started focusing on
taking all URLs," said Peter Paterno, an attorney who represents the Goo Goo
Dolls, the Offspring and Dr. Dre. "Why are they doing it? When you worry, you
grab up everything."
The worry of the record companies, according to Paterno and other industry
insiders, is that the Web sites bearing the names of artists will become
central hubs of music commerce in the years to come.
Albums, concert tickets, T-shirts and all the other revenue sources of the
music machine will be increasingly sold through Web sites, and that does not
even include the Holy Grail of the great online music enterprise: the digital
download of music, which promises to shift a huge chunk of future music sales
from record stores to modems.
The Web site value is more than potential, too. There is already its powerful
lure as a marketing tool. The fans who keep track of their favorite bands
online also can be potentially tracked themselves, creating huge mailing
lists and instant taste barometers that make record companies salivate.
The artists, meanwhile, see the Web sites as intensely personal creations and
a direct link to their fans that might be despoiled by a pushy record company
taking over the reins.
Both sides of the dispute are visible in clear relief to Gary Gersh, the
former president of Capitol Records who is now co-manager of Beck, the Foo
Fighters and Beastie Boys.
"I think for a long time the labels viewed the Web sites as fan clubs, they
didn't view them as retail stores and for their real value," Gersh said. "The
value is that it's a direct connection with the audience. . . . The content
on the page has to be in keeping with the language and sensibilities that the
audience expects and wants to see. It's extremely important."
How important?
Well, when Marilyn Manson was beset by criticism following the Columbine high
school shooting, he responded with a statement on his Web site. When members
of Morphine and Blues Traveler died in the past year, both bands quickly
posted messages on their Web sites to reach out to fans. And acts such as the
Offspring keep updated journals on their sites to foster a rapport with fans.
The Band's Name Is the Brand Name
To the record labels, however, all of that suggests exactly why the Web sites
need to be in their hands. And because fans generally don't know what label
puts out a band's albums, the artist's name is the one fans will search for
online, making it the brand name that matters.
"Our job is to promote these artists globally, to shape their images and do
all the work that gets their music heard," said a Sony executive. "We'd be
remiss if we didn't use this tool. And we also spend a lot of money on these
sites, and we have to be able to control that investment, frankly."
A Sony spokeswoman said the company does not comment on artist contracts or
their content. But executives within the company confirmed that Web site
ownership has become a clear priority of the corporate giant in its dealings
with acts, although those sources differed in their estimation of how
strident the company's stance has become.
Likewise, a Warner spokesman said the company would not comment on the Goo
Goo Dolls situation or other contract skirmishes. Privately, though, Warner
executives point out that the company created and maintains the Dolls' site
and--echoing the Sony executive's point--the company is loathe to walk away
from that investment at the whim of the act. Acts of Wry and Sly Internet
Revenge
Managers and attorneys for artists say Sony has a new "zero tolerance" policy
for new bands signed: Give up the Web site rights, or no contract. But the
experience of a new act, Crazy Town, signed to Sony's Columbia Records,
suggests that is an overstatement, if not by much.
Crazy Town's debut album, "Gift of Game," comes out Tuesday, but because the
young band refused to cede its Web site to its new label, Columbia barred the
group from advertising its site on the album's artwork.
So the band hastily added a 55-second song to the album that repeats the
title over and over. What's it called? "Crazytown.com" of course.
That's not the only quirky subplot of the roiling dispute. The industry is
abuzz with word that the manager of a major band seeking wry revenge has
reportedly registered Web site addresses bearing the names of Warner
executives--but the manager did not return calls and it could not be verified
at press time that he actually reserved those sites.
Paterno predicts that the issue will resolve itself in the years to come much
the same way merchandising, ownership of master recording and setting artist
royalty rates became empowerment issues for established artists in past years.
The record companies may wrest away Web sites from new acts, but as those
artists become commercial successes they'll likely win back their online
names in renegotiation.
In the meantime, Paterno, who also represents Metallica, had a half-joking
warning for record companies. "You try to take Metallica.com, you'll get a
lawsuit."