In an article on punknews.org about the Loved Ones (on Epitaph Records), weeks before the official release of Build & Burn, commenters are throwing in their two cents on the forthcoming album. Among the mostly rave reviews of the album that doesn’t officially come out for about a month, one commenter that goes by the handle of Jay3313 bluntly asks “How the fuck does everyone have this album already?”

Leaks have become a hot topic in the music industry. Labels and artists alike are both fretting about albums, both unmastered and finished product, getting to the masses weeks and sometimes months before the official release.

Today, music journalists will convene in New York City for a listening session in order to review Atmosphere’s sixth official studio album When Life Gives You Lemons, You Paint That Shit Gold, which officially drops on April 22, 2008 on Rhymesayers Entertainment.

Wait – a listening session to review? No advance mailed to the convenience of the writer’s home/office?

Yep, despite the Twin Cities hip-hop duo Atmosphere recently releasing a free downloadable album around the holidays entitled Strictly Leakage, no advance promotional copies are being sent out. If you want to review the album you’ve got to get your ass to either NYC or LA to review it.

A press release by their publicist reads, “With the current state of the music industry, many labels, especially independents are scrambling to fight leaks and find a formula that keeps their records from leaking ahead of time. That said, while it’s unfortunate that Rhymesayers can’t send each and everyone one of you an advance copy, we really hope you understand and work with us on this. We understand this is not ideal but the business is changing and we feel it necessary to protect the artists creation that keeps us all in business.”

So how are the big guys fighting this battle against leaks?

Major labels have been “watermarking” their advance CDs in efforts of reducing leaks. That means there’s some intimidating text saying how you’ll be prosecuted if caught illegally sharing printed on the front of the CD along with your name and publication you write for. The watermarked CDs are also digitally coded for the specific recipient. The majors who send out said watermarked CDs then staff people to troll the web looking for leaks. This is all done in partnership with the RIAA and the FBI.

In a recent New York Magazine article called “Ripped to Shreds” Adrienne Day writes of an instance when 350 watermarked advanced copies of indie rock act Beriut’s album The Flying Club Cup was leaked to the Internet six full weeks before its official drop date. Immediately Ba Da Bing’s label owner Ben Goldberg contacted the watermarking company and they were able to track down the source of the leak – freelance journalist Erik Davis. Immediately Goldberg spread the word of who had sprang the leak and Davis’ inbox was full. But as it turns out, Erik wasn’t even online at all when the leak took place – he was participating in the annual Burning Man event.

At many publications the writer who will be assigned to the review isn’t always predetermined, therefore it is marked with the incorrect name – like the reviews editor or even Editor-in-Chief. In most cases, the reviews editor of a publication isn’t the only one writing reviews and it’s handed over to another writer. (I definitely reviewed Arcade Fire’s Neon Bible with Dan Sinker’s name on the promo copy.) And in Davis’ case he is quoted in Day’s article saying he remembers about a week before Burning Man taking a stack of materials to a local thrift store. (The ethics of reselling promotional materials… that’s a whole other issue.)

Another problem with watermarked CDs that in efforts to fight illegal copying and sharing they don’t always work in computer CD players. Which, needless to say poses a problem for many people today that do most of their music listening on their computer or on their iPod.

Def Jam artist El-P’s album I’ll Sleep when You’re Dead took watermarking to a whole new level last year. In addition to putting the name of the writer on the front of the CD every few minutes you’d hear “This album belongs to (writer’s name).” Yes, they dubbed the name of the writer over ever track.

Clearly, watermarking is not the end-all solution.

So what is the solution? Listening parties?

The first issue with listening parties is you’re not able to hit as many markets. So from a promotional standpoint, you’re already taking a hit. Whereas many publications do exist or at least have freelance writers in either New York or LA, not everyone does (mostly the little guys). So in a way it quashes access out of the hands of the little publications and zines that exist all over our fair land. And not only the little guy but also the international market at large.

But I guess it’s kind of a quick fix for the situation at hand. But if this becomes the next big thing, I can easily imagine going down to Chinatown tomorrow afternoon and getting a crappy quality bootleg from the same guy who sold me a crappy quality DVD copy of No Country for Old Men a couple weeks ago.