By Chris Castle
Spotify released one of their groovy ad campaigns last week. This time celebrating their freebie subscription campaign.
You really do have to wonder where they find the people who come up with these things.
Blake Morgan, David Lowery and David Poe all laid into Spotify with their own tweets. Just like Lowery’s seminal “Letter to Emily” post, but much faster, social media began driving traditional media with the story.
Billboard, Newsweek, Variety and New Music Express all picked up the story in 24 hours, and many others are also picking up the story. I did a short post that Hypebot connecting the dots from the giveaway campaigns to user-centric royalties.
But the capper was the Godwin’s Law moment when Spotify’s lawyer and NYU professor Christopher Sprigman went after both Blake and David Lowery on Twitter for reasons that are frankly lost on me. Professor Sprigman had something of a bizarre moment when he compared Lowery to Alex Jones which culminated in this exchange (recall that Alex Jones was deplatformed):
It should not be lost on anyone that Professor Sprigman supported Professor Lessig’s losing argument in the Eldred v. Ashcroftcase and apparently was co-counsel with Lessig in another losing argument in the Kahle v. Gonzalescase. It also must be said that David Lowery and Melissa Ferrick’s class action against Sprigman client Spotify and Lowery’s case against Rhapsody were probably among the most consequential copyright cases (along with BMG v. Cox) in the last five years. Some would say that the Lowery cases set the table for the Music Modernization Act (and it should come as no surprise that David was asked to serve on one of the committees).
So while Professor Sprigman may find that Lowery “isn’t important”, there is a crucial difference between Professor Sprigman’s big copyright cases and David’s. Want to guess what it is?
Some are speculating that Sprigman is retaliating on Blake and David Lowery for their successful commentary on his client Spotify–but I’d want to see a lot more proof. Until then, you’d have to say Charlie has a point when he says that Sprigman is kind of an academic Bob Lefsetz.
And Spotify stumbles across the finish line of another bad media week of dissing artists. Whew. Thank God it’s Monday, right?