NetNews Usenet Archive 1992 #31

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Text File | 1992-12-25 | 18.1 KB | 374 lines

Newsgroups: alt.music.alternative Path: sparky!uunet!uunet.ca!canrem!telly!problem!intacc!zerobeat From: zerobeat@intacc.uucp (Ferenc Szabo) Subject: Negativland/U2 and beyond(long) Message-ID: <1992Dec25.022348.4792@intacc.uucp> Date: Fri, 25 Dec 1992 02:23:48 GMT Organization: Inter/Access' Matrix BBS Lines: 364 ><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> Toronto, Ontario, Canada__________ First, a reprint of an article that appeared in NOW magazine in late November '92. (NOW is a local weekly entertainment magazine with a circulation of over 90,000)........... STUPID REVENGE U2 TEAR UP: In light of Island Records' sledgehammering Negativland for its satirical treatment of U2 and local sound artist John Oswald's bitter legal experience for copyright infringment on his Plunderphonic projects, a local entity called STUPIDLAND wants to protest the bullying of experimental and small independent artists by corporate empires. Stupidland is inviting anyone to massacre, fold, spindle and mutilate a U2 song and submit it for a compilation tape that will be distributed and sold for the cost/trade of a blank cassette. This project is strictly not-for- profit and bootlegging will be strongly encouraged. Stupidland wants to emphasize that this is NOT a tribute compilation, and that "recording quality and production values are not as important as the level of disrespect you show for the songs." Stupidland hopes to have all submissions by mid-December for a release around Xmas. You can even call them at xxx-xxxx if you have no access to recording possibilities. They may even be able to record it for you. (end of article) The following week, Stupidland got a call from David Baskin (president of the CMRRA - Canadian Musical Reproduction Rights Agency Limited). Stupidland immediately put out the following press release: FU2 COMPILATION SQUASHED December 1992 Successfully intimidated by threats of legal complications by CMRRA (Candian Musical Reproduction Rights Agency Limited, which represents the publishers of U2's music in Canada), the Toronto entity know only as "Stu Pidland" has halted plans to release FU2, an "anti-tribute" music compilation that was to showcase much Toronto talent creatively trashing U2 songs as well as Island and SST records. FU2 even blatantly bootlegged part of Negativland's recent Toronto performance while purporting to be a form of "tribute" to the west- coast experimental group. Negativland has been outspoken on anti-copyright issues. STU PIDLAND speaks: "Maybe there is *someone* out thee willing to release this compilation - but, under the circumstances, I think it's unwise to set myself up as a martyr. 2(Y,X].Ymany of the submissions have been delightfully mean in satiric nature, I would stand little chance of obtaining legal permission from CMRRA to go through with this recorded document. It's a shame - I'm still receiving enthusastic material representing a wide stylistic range that spans raw punk, sampling mayhem, rant, industrial, rock, candid interview and sound collage. "I offered the public a chance to creatively express their opinions on the Negativland/Island/SST affair and on U2 in general, and the response has been tremendous - there's a real public distaste for this band, and it is interesting how many *former* fans have concluded that the band has totally sold-out. Island Records seems to have acted independently of U2 in pursuing action against Negativland, and refused to bend to pressure from U2 to lay-off. Regardless of how you feel about U2 and their part in this affair, note how ironic it is that the band itself obviously not longer owns or controls their own music. "It is also interesting how (former Black Flag guitarist) Greg Ginn's 'independant' label SST Records (whose slogan has always been "Corporate Rock Still Sucks") has behaved with corporate-style tactics towards Negativland by abandoning them when the legal shit hit the fan over the U2 single SST released, then subsequently threatening to sue Negativland themselves. "Maybe I should have named this compilation NOT FOR SALE. Although I stressed to CMRRA president David Basskin that the FU2 compilation was not intended to be sold (it was to be made available for the trade of a blank cassette and bootlegged at will), I was informed that "It wouldn't be pleasant" for me if this compilation hit the streets. One can only assume what this exactly means, but it sure sounds messy to me. "What amazes me is the complete inability to conceive of music that is not to be a commercial consumer item; music that is "not for sale." Stu Pidland is not going away until the outmoded rules are updated to acknowledge more complex issues of art and social commentary. Stu Pidland is not going away until the musician takes responsibility for and charge of their own music. Stupidland is definitely NOT FOR SALE...so don't even ask. "I feel truly sorry for the pathetic individual who has lost the ability to appreciate music for its simple spiritual pleasure, for its communicative power, or for the pure hell of it - the person who equates music with money or copyright has lost something that you and I at least temporarily still have (we are of course assuming he *ever* had it). What makes this all boring and political is that he is often in a position of authority, and imposes his system of limited understanding on those around him." To quote CMRRA literature on mechanical licensing, "Copyright is the basis of the music industry." Art, satire, social commentary, and music itself are not included in this bottom-line statement. Neither, deceptively, is *money*, which we all know to be the real bottom line. (end of press release) No, gentle reader, this is not the end! David Basskin read the preceding press release then subsequently threatened Stu Pidland with a libel suit. After several menacing phone calls from Basskin and his lawyer, Stu Pidland decided to put out another press release, of which the contents can (under Canadian law) be used to negate the libel suit: CLARIFICATION / RETRACTION to the press Stu Pidland, aka Gary Johnson, would like to apologize for any misunderstanding regarding the previous release entitled "FU2 SQUASHED" sent out last week. I in no way intended to single-out, defame or libel CMRRA president David Basskin or the Canadian Musical Reproduction Rights Agency Limited. Basskin, a lawyer and musician himself for some 30 years, *does* seem to have the interset of musicians and song-writers in mind; and upholds copyright and licensing as a protective measure for musicians large and small alike. My criticism of "those who equate music with money" was a general, not not specific comment, and merely my own biased opinion. I appreciated others' rights todisagree, and to express their differing viewpoints. Gee, do I ever feel STUPID! If nothing else, I have gained valuable information on copyright regulations that I urge every independant musician and song-writer to familiarize themself with before undergoing any recording project. Sincerely, on behalf of Stupidland, Gary Johnson <signed> Dec. 10, 1992 (end of press release) Stu Pidland/Gary/Roscoe sent Negativland the 'FU2 SQUASHED' press release and this is what they had to say back: SEELAND RECORDS Dec. 9, 1992 To: "Roscoe" (Gary Johnson) Omigod- I hardly know what to say. Yes. I do too: 1. Fax all that stuff to Paul McGuinness (manager) and to the members of U2! Make sure they know what's being done in their names! Also send clippings of any outraged articles that get written about this - they appear sensitive to press. In Dublin: 353-1-777-276, In NY: 212-765-2372 2. PLEASE, send us a copy of all your submissions - we'd LOVE to hear 'em! 3. Would you make a digital copy of your DAT of us at Toronto and send it to us at this address? 4. It's shocking how you were treated by the guy - see the attached Christmas Newsletter for some similar news. I can't encourage you strongly enough to go out and learn where you stand legally, and not just cave in to the (obviously scary) intimidation this guy is aiming at you. I don't know how Canadian law works at all, but it seems to me that the entire Stupidland project is non commercial (nay, anti-commercial), its activities are even less illegal than somebody taping Achtung Baby for a friend. Has corporate control of the culture really reached the point where friends can be stopped from trading tapes of music they make? Stay in Touch!! Gregg (end of Seeland/Negativland fax) Here is the newsletter: NEGATIVLAND'S CHRISTMAS NEWSLETTER 1992 *************************************************** SST RECORDS SUES NEGATIVLAND FOR REVENGE; GROUP HALSTS SALES OF ITS MAGAZINE/CD THE LETTER U AND THE NUMERAL 2. LOSES INCOME, PLANS DEFENSE WELL, here we go again! As another Christmas rolls around, Negativland seats itself, pen in hand, to compose our yearly Christmas Newsletter. A lot has happened since last Christmas in our little family of appropriators. Last September, feeling we had an intersting story to tell about how something as simple as an officeful of angry unmusical businesspeople armed with too much money and some out-of-date copyright notions had propelled us through a horrible nightmare of lawsuits, lawyers, liars, and loss, we released a 96-page magazine with CD entitiled 'The Letter U And The Numeral 2' that documented the entire Negativland/SST/U2/Island Records episode. The magazine simply presented the lawsuit, court orders, faxes, public statements and press releases from all the parties,letters,etc. in chronological order, with no commentary from us, so that the reader could examine the facts and make up his or her own mind as to what it all "meant". Apparantly Greg Ginn, owner of SST Records, thinks otherwise. On November 10th, 2 months after the release of the magazine, he brought a 5-count lawsuit against us which essentialy seeks to punish us for going public with the dirty laundry. Yes, we have been sued. Yes, again. And now it appears that the real nightmare may only be just beginning. If you're not actually a member of Negativland, or if you've never been sued yourself - you might find some aspects of the lawsuit to be quite hilarious: *We're being sued to stop us from selling a magazine about how we were sued. *We're being sued by SST for copyright infringement because we printed their press releases (!) *We're being sued by SST's corporate rock lawyer for printing a picture of SST's "Corporate Rock STILL Sucks" sticker. *We're being sued for printing their lawyer's letter saying that they want to sue us. Funny Stuff. But the grim fact is that Greg's actions are destroying any opportunity we might have had to get back on our feet financially (we're trying to self-release all our own stuff now) and could easily prevent us from releasing any other new work for the next two years! Negativland is what we do, and this magazine was our first new release back on our own Seeland Records label. We now know that we could have sold many, many more than the original limited edition of the magazine; it seems far more people are interested in our story than we initially expected. This new case could easily drag on for two years or more, and although we think we'll win in the end, we can't safely make and sell more copies of 'The Letter U And The Numeral 2' until the court decides on SST's copyright claims. Greg Ginn is already keeping our royalties to pay himself back for the U2 costs, and he knows we can't afford to sue him to get him to agree to our 50-50 split offer rather keep back the 100% he so autocratically demands. This case is going to cost Greg Ginn a lot more money than he has any reasonable hope of recovering from us in any reasonable time frame (you can bet his lawyer isn't working for free). SO WHY IS HE SUING US? Well, it seems that his main reason is...revenge. SST grosses millions of dollars a year- you can look it up in their credit report printed in our magazine (he's suing over that too- of course- despite the fact that it's readily available public information that SST themselves provided), so he can certainly afford towaste the dozens, perhaps hundreds of thousands of dollars that it'll cost to take this case to trial. We can't. He seems quite happy to behave towards us in the same way as Island Records did to him and us, using his economic might to crush the small and the weak. A copy of the lawsuit is enclosed so you can see it all for yourself. (It's a public document, so he can't sue us for that.) You'll notice some other stuff in there about 'breach of contract';that's all about how they still claim that we owe them every dime they had to spend over the Island suit (despite: gaping holes in their contract; our denials to their claims that we promised to pay; all the money they made by selling the record; our providing the GUNS record to replace the U2 record; our flat-out inability to pay; and SST's own decision to put the record out knowing there might be problems), and about how they think we owe them master tapes for two new releases that we cancelled when they tried to stick us with the whole U2 damage (despite: our attempts to repay the advances; the fact that their lawyer said they might not even be interested in releasing the records; and the fact that the tapes aren't even finished yet). SST is basically punishing us because we've resisted being abused. If any of this behavior disgusts yo as much as it does us, we would urge you to: *SPREAD THE WORD about what SST's doing to us to all your friends, radio stations, record stores, bands, writers, and the whole alternative musical community. This mailing is only going out to about 600 people, and we want EVERYBODY to know what's happening (copy this mailing if you want, or post it to a computer network). *Have everybody CONTACT GREG GINN, SST Records proprietor, and let him know how all of this makes you feel about him and SST, and maybe even ask him to explain to you just what the hell he thinks he's doing. (fax 310-430-7286, tel 310-430-7687, 10500 Ilumbolt Street, Los Alamitos CA, 90720) *If you've seen the magazine, you know that we stand a very good chance of getting our U2 single back if we can only change the mind of Casey Kasem. Now that the magazine has been stopped, we no longer have a way to tell the world that Casey has been interviewed on radio framing Island's action against us as censorship, and saying that although he's personally embarassed by our record, he's for free speech and doesn't approve of what happened to us; on the other hand, the last word we have from Island Records is that they'd actually be willing to return the record to us, except that Casey Kasem has told them privately that if they do, he'll sue them (see letter and interview, attached). Casey's lawyers have also threatened us similarily. If you want to help us out, please CONTACT CASEY KASEM with a good letter or fax and ask him to explain his contradictory position, but mainly to withdraw his opposition to the return of our record to us (not to SST). Casey Kasem c/0 Westwood One Radio Network, 8968 Washington Blvd., Culver City CA. 90230, fax 310-840-4051, tel 310-840-4000. *Are there any folks in the LOS ANGELES AREA willing to offer a few couches and square feet of floor space for us to spend the night on the days when we'll have to appear in court? *Any LEGAL FOLKS out there with services to offer , or interesting ideas on how to proceed? *ANy WRITERS out there? Please, write about this! *BE CREATIVE! - think up something helpful (but not illegal...) and do it! And, as always, feel free to contact us with anything you want to ask us or say to us: fax 415-420-0469, 1920 Monument Blvd. Concord CA, 94520. Well, we suppose we should close with a tearful "Happy Holidays," or a heartfelt "Merry Christmas," but instead, since you may have heard of our feeling that Christianity is Stupid, and since the "holiday," established by the church/state, was arbitrarily located in the calendar year to coincide with the well-established pagan/astrological holidays coinciding with the winter solstace, while the actual 'birth' date of the extraterrestrially- operated operative know as Christ was probably sometime in the early fall, let's just say: "Til Next Year..." We'll try to keep the world updated as the situation progresses. Anything you choose to do to help, participate, or contribute will be greatly apprectiated. LOVE, "Negativland" signature here "Copyright Infringement Is Your Best Entertainment Value" seal here. ps...SST is also frivolously and maliciously suing the Meat Puppets. For more info on that, contact their manager, Jamie Kitman, at 914-359-4520, fax 914-359-4739 (He's being sued too. Are you surprised?) SPECIAL THANKS to our legal and financial helpers across the country, and particularly to everyone who came out to see us on tour in the northeastern half of the country last month. (end of Negativland's Christmas Newsletter) I never did get the enclosed copy of the lawsuit nor the Kasem letter and interview, so obviously I can't reprint them here. Bombs Away for now patient Zer0 ps.......don't confuse Gregg from Negativland with Greg from SST.