Bubba Da Cat wrote:

Not really. We Are Scientists were okay (but couldn't say they were) when some album tracks leaked....well, they weren't mad when I said I had the album back in the summer (I had just handed Chris money for the album). But they released tracks and demos for previous releases and I'm sure they'll do the same for the next album/ep/whatever. It's not up to the RIAA to decide if a band can release tracks. If the band wants to, they can.

you're right that it's not up to the RIAA, but in most cases for a major label band, esp. a young one, it's not but to the band either. it's up to the label.

a lot depends on the recording contract. while the band might own the rights to the songs (as in the melodies, words, etc), they likely (almost certainly) do not own the rights to the actual sound recordings. the label owns the sound recordings; the label paid for them. demos recorded outside of the label's studio and not on the label's time/money, are of course a different animal. but the label might have the artist tied down such that all recordings are the label's purview.

richdorkmedia published an interview with a guy about this stuff last week. it was interesting, here.