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DIYS LET RIAA DUKE IT OUT
WITH NAPSTER

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The big labels may be waging war against Napster, but which side of the fence are the independent labels on?

According to Webnoize.com, there is little chance of a DIY assault. In fact indies, which make up around 20% of the U.S. market, are avoiding the high costs of lawsuits and the possibility of alienating fans. So far, only one indie has taken legal action against Napster.

In June, TeeVee Tunes Inc. filed a copyright infringement suit, seeking $150,000 per infringed work. TVT houses TVT Records, Wax Trax!, Blunt Recordings, Soundtrax, Overcore and Tee Vee Toons, with artists including XTC, Snoop Dogg, Buck-O-Nine and Nashville Pussy.

TVT had hoped other indies would follow its lead. Said TVT Records President Steve Gottlieb: "We can't just let the big guys take the hits; we've all got to stand up here."

Just one day after TVT filed its suit, Victory Records sent Napster a cease-and-desist letter. However, finances prevented the punk-rock indie from pursuing litigation. "I just don't have any Gold or Platinum records to pay for a lawsuit," said label head Tony Brummel. However, Victory's acts, which have included Face To Face, Bad Brains and Snapcase, could probably kick shawn fanning',390,400);">shawn fanning',390,400);">Shawn Fanning's ass.

According to Matador Records GM Patrick Amory, his label won't sue because it would alienate consumers, and because Napster is only one of many file-swap services fans are using to get free music online. Said Amory: "If it wasn't Napster, it would be Gnutella or somebody else." Amory said sales for Matador acts (Pavement, Superchunk, Liz Phair) are up.

SpinArt Records President Jeff Price said revenue lost to Napster might not be significant enough to justify a lawsuit, although settlement money could be tempting. "[The money] would definitely be a motivating factor, because it would mean I could continue to run my business, give my employees raises, and release music I like," Price said.

Attorney Walter McDonough, Director of indie artist advocacy group the Coalition for the Future of Music, said that many indies are pro-file sharing. Said McDonough: "A lot of indie and punk people are younger people who have empathy for Napster."

A common belief is that file sharing can give fans greater access to music and can help small labels solve their greatest problem: retail promotion. Those may be the most compelling reasons the indie labels are willing to sit this one out.

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