Courtney - absolutely correct. Orchard is not, however, performing due diligence on the "small labels" themselves. These outfits, in numerous cases, are merely repackaging in-print CDs produced by Timeless, Yazoo, Dust-to-Digital, changing their CD titles, then uploading the ripped mp3s to iTunes, Spotify, and Amazon for download, and to YouTube for minuscule ad revenue, I would guess. Thousands of mp3 files, I would say. The Orchard distributes those ripped recordings digitally, and claims copyright on them.
Spotify has been responsive to take-down notices regarding this material. The response from the others has been spotty if not a general blank stare.
Here's a YouTube forum thread that discusses some other issues people have had with The Orchard copyrighting public domain NASA footage, a jazz documentary, etc:
> Date: Tue, 29 Sep 2015 21:48:07 -0700
> From: Courtney B <[log in to unmask]>
> Subject: Re: Welcome to the Orchard
> The Orchard is not just a predatory distributor, but one of the biggest
> digital distributors out there. It is very likely a small label was able to
> upload said recordings and The Orchard is the middleman on distributing and
> enforcing copyright on the files.