Dark Night of EMI

Thanks, EMI. Just when I thought major music labels couldn’t get more out of touch, you’ve proved me wrong again.

For anyone who even remotely follows indie-rock music, it is practically impossible not to notice news of a little album titled Dark Night of the Soul (DNOTS). It is essentially a collaboration among three of the world’s most respected and eccentric artists, Danger Mouse (of Gnarls Barkley fame), Sparklehorse (né Mark Linkous), and David Lynch. These luminaries in turn corralled a who’s-who of singer-songwriters to contribute tracks to the collection, including Wayne Coyne of the Flaming Lips, Iggy Pop, and Suzanne Vega.

DNOTS is one of the most beautiful, sad, challenging, and ultimately rewarding albums in recent memory, not to mention one of the most hyped. Which makes EMI’s decision to pull the plug on its release one heck of a head-scratcher.

It’s not the first time Danger Mouse has encountered legal trouble with the label. In 2004, he tried to release his Grey Album, which blended the Beatles’ White Album with Jay Z’s Black Album. EMI objected over rights issues, but the album leaked and made its maker a star.

DNOTS appears to face similar problems. According to the album’s official Web site, Danger Mouse cannot release the music for “legal reasons.” (EMI has not issued an explanation.) Instead, he is selling a blank CD-R with a 100-page book of photographs compiled by Lynch. As far as the blank disc goes, the site suggests that buyers “use it as you will.”

Needless to say, DNOTS has leaked online since the drama between its producers and EMI has unfolded, giving plenty of fans a chance to put that disc to good use.

To be fair, there may be a perfectly valid reason to EMI’s decision. Perhaps the potential costs of litigation outweigh any record sales forecasts. With all the excitement surrounding DNOTS, though, it would seem like the label could have at least seen a return on its investment, if not much more.

Instead, we are left with a very good album which can be had only by the very means that companies like EMI have been fighting for years: illegal download.