Investigating Music Leaks

Birth of Legal Machinations and Musical Intrigue

In the formative years of the Internet, a digital frontier where few dared to tread, chat rooms served as fertile ground for a peculiar kind of investigation. Digital detectives tracked everything from celebrity scandals to music's covert escapades. It was during this era that Depeche Mode's eighth studio album, Songs of Faith and Devotion became an unwitting pioneer, being the first album to slip from the confines of the industry's grasp and leak to the public in 1993. This date marks the renewal of music piracy : sheet music peddlers are replaced by .wav cyber-pirates who surf the currents of the web ready to plunder any bootleg they can get their hook on.

The following years and up until today, artists, producers and journalists continuously get hacked and their music leaked online. This nefarious act requires a blend of investigative prowess and a willingness to flirt with danger often driven by the idolization of musicians that lead to fanatic behaviors. In August 2023, artist Sega Bodega stated in his Instagram story : “When people mail me asking me to release a song that I've never spoken about online or played in a mix or even hinted at, is like the grossest feeling ever, it's like a stranger coming up to u and reciting parts of ur diary and like trying to be cool about it”. These leaks remain largely shrouded in anonymity, and history can only recount a few stories of big leakers getting caught and punished for their miserable take on whistle-blowing.

In the wake of the indelible "You Wouldn't Steal a Car" ad, a cinematic testament to the complexities of digital piracy, the stage was set for a legal tango that would intertwine the worlds of espionage and creative ownership. US Congress passed the Family Entertainment and Copyright Act of 2005 stating that “a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution [is made] available on a computer network accessible to members of the public [risks up to] 3 years [of imprisonment]”. This legislative crescendo set in motion a series of investigations orchestrated by the FBI and international security agencies that reverberated across the global stage. The most recent is the case of Adrian Kwiatkowski. In the fall of 2022, Sky News reported Kwiatkowski getting 18 month of jail time when British national security found “hard drives containing 1,263 unreleased songs by 89 artists”. These contrabands, having been surreptitiously leaked and exchanged for the allure of crypto-currency, painted a vivid tableau of the evolving intersection between music, law, and state interests. Music has rarely held such a resounding resonance within the corridors of power, making it a matter of state affair reminiscent of espionage films.

Undercover Operations: Safeguarding the Sound

With all this funny business going around, some artists have adopted extreme precautions to prevent pre-release leaks. Prior to the 2010 release of collaborative album Watch the Throne by Jay-Z and Kanye West, Pitchfork states that the two rappers used “John le Carré-style CIA operative tactics” to wove a cloak of secrecy around their creative process and their songs. Hotel rooms doubled as recording chambers, conversations flowed in hushed in-person exchanges rather than through digital channels, and tracks were stored within producer Noah Goldstein's locked briefcase. The duo constructed a musical vault impervious to digital breach. Kanye West personally flew in his producers from Los Angeles to London when he would want to hear a snippet of a working track. In this day and age, no precautions can result in extortion and crisis such as the ordeal faced by The Smashing Pumpkins. Six months before the release of their last album ATUM the group and the FBI scrambled to prevent the premature release of nine songs, paying a ransom to a hacker who held their creative legacy hostage. Protecting music with secrecy and strategy mirrors the blend of creativity and challenges, and I couldn’t help but wonder… would Watch the Throne sound the same if they had not worked undercover?

Double Agents, Deception, and Devotion to the Unreleased

Music leaks evidently create buzz before release, casting fans as double agents, the espionage-like thrill intertwines with a pang of betrayal: you stan an artist because you’ve got your hands on some unreleased work, but you back-stab them because you unveil the artist’s guarded creation. Madonna, no stranger to the art of intrigue, turned the tables on her fans (or at least tried to). In 2003, the “Vogue” singer orchestrated a deliberate leak of her own album American Life… except it was a fake leak. The audio files contained a voice recording of Madonna saying: “What the fuck do you think you’re doing?” Amazing right? Except one hacker did not find the ruse funny and hacked into the singer’s website posting: “This is what the fuck I think I’m doing..” with all the actual leaks from the album… A special mention at the bottom said: “phrack don’t give a shit about dmca” (Digital Millennium Copyright Act). Sassy, but not classy.

Ten years later Lady Gaga, an adept manipulator of her own destiny, used leaks as her weapon of choice against a recalcitrant label. For the promotion of her album ARTPOP, Gaga’s label thrust “Applause” into the limelight as the lead single, contrary to her wishes. Due to these artistic differences, Gaga allegedly leaked the single “Aura” (controversially called “Burqa” at the time) herself. In a remarkable twist, she ensured it was the inaugural sound her fans heard, thus dictating the genesis of this new era on her terms. Within this dynamic tapestry, music leaks evolve into veritable instruments of empowerment, wielding their potential to shift the trajectory of an artist's journey.

The Aftermath: Cracks in the Melodic Veil

Music leaks, though sometimes igniting excitement, rarely elicit joy among artists. While releases may be hastened to prevent further leaks, the aftermath can be tumultuous. This was notably demonstrated when Björk's Vulnicura was hurriedly thrust into the world two months prior to initial release, causing an exclusivity with iTunes and hence waves within the industry. Yet, some leaked albums never find their way into the light. Charli XCX's untitled third studio album, aptly dubbed XCX World by fans, and produced entirely by SOPHIE, BloodPop and StarGate was ensnared by a hacker's grip, its contents disseminated mercilessly. The album wasn’t even announced that in 2017, Charli got her Google Drive account hacked and every single track and art work was leaked in a span of a year. The standout gem on the album, "TAXI," metamorphosed into more than just a musical creation: it birthed a meme. Fans begged her on Twitter to release the single: “Play TAXI! Release TAXI! Where’s TAXI?” Screams that often accompanied the song's live renditions, playfully evoking a sense of teasing engagement. Despite all this, Charli never officially released the song nor XCX World. Its silenced notes embody a symphony of untold narratives, symbolizing the unfortunate consequences often entwined with musical leaks: a narrative of art's dismantlement.

Nonetheless, not all music leaks have the determined path of being rushed or to be forever gone. Nowadays, chat rooms are replaced by TikTok and leaks are incorporated in trends resulting in them becoming extremely popular. Lana Del Rey knows all about this, her song “Say Yes to Heaven” which was originally written in 2012 and scrapped from Ultraviolence, got leaked in 2016. But after gaining massive popularity on TikTok these last two years, Lana officially released it as a single in May 2023. This move signaled a shift in the paradigm, affirming that musicians could momentarily set aside their artistry and yield to the allure of releasing fan-favorite leaks, especially when such releases promised significant streams. A year ago, Addison Rae fell into the hands of music espionage and four songs of her got leaked. This illicit work, initially a curse, became her ticket to artistic emergence. Considered cringe, basic and never taken seriously, the public’s newfound appreciation of her music was uniquely catalyzed by their leak status. A compelling notion takes shape: had these songs been officially launched, their intrinsic value might have been overlooked, underscoring the potent sway of leaks in reshaping public perceptions. A year later, acknowledging the fervor they stirred, she astutely compiled these underhand treasures into an EP, and like no artist before, she acknowledged them as what they are, just leaks, stating on Instagram : “dug up a few of the leaks from the lost album”. The EP AR definitely sounds like a first draft of what could have been a great album. The songs do not correlate lyrically nor sonically but they deliver upbeat drama and vibes (which is the perfect recipe to pop music) and leave you thirsty for more of Addison’s music embodying the transformative influence that leaked songs wield within the realm of contemporary musical expression.

Notes of Transformation

The impact of music leaks is undeniable. They've firstly transformed the way we listen and acquire music, as leaks replaced CDs with digital landscapes and in some ways foreshadowed the industry of streaming. They've also illuminated a shadowy realm of bootlegs, demos, and unfinished versions, reshaping our auditory experience even as they often compromise sound quality. As the process of music-making undergoes a subtle metamorphosis, the clandestine dance of secrecy has become the new norm. The delicate balance between safeguarding creativity and succumbing to surveillance has etched its mark on the very fabric of musical creation.

Beyond the studio's walls, the symbiotic relationship between musicians and their audience has also seen a transformation. Music leaks, a double-edged sword, can bestow newfound recognition upon artists, as seen in Addison Rae's emergence, or cast a shadow over their masterpieces, fragmenting the integrity of their art. Leaks have evolved into potent tools of influence and defiance, capable of redefining the music industry's dynamics. From taking a stand against labels to transcending national boundaries and becoming a matter of state interest, music leaks have elevated their status to that of a weapon in the intricate symphony of espionage within the realm of music.

With each leaked note, a ripple of transformation spreads through the music ecosystem, shaping how we listen, create, commercialize, and even wield the power of music itself.

xoxo, Balthazar Astier