voila
>Please distribute to raise awareness and support of this important > > Artists' Rights and Cultural Hegemony issue! > > > > -James Newton loses to Beastie Boys: Amicus > > > > support requested! URGENT!!!! > > (This story can found at <http://www.jazzhouse.org/lobby.html>) > > > > From: James Newton (renowned jazz musician) -- > > > > For the last two years I have been involved in a suit because > > the Beastie Boys sampled a part of my composition "Choir" and did not > > contact me for permission. They did not change in any way what they > > sampled from "Choir". It begins with the sampled six and a half > > seconds and loops in the song over forty times. "Pass the Mic'" has > > appeared in CD, MP3, LP, and DVD formats. > > > > The law clearly states that to use someone else's music one > > must contact and receive permission from both the record company and > > the copyright owner."Choir" was registered with the copyright office > > and ASCAP in 1978. My publishing company JANEW MUSIC controls 100% of > > the rights. The Beastie Boys contacted and received permission from > > ECM Records, which released my album Axum which they sampled in 1992, > > and ignored me. > > > > The case went up for summary judgement one month ago and Judge > > Nora Manella of US Federal Court ruled against me!!!!!!!!!!! She > > stated as a fact of law that my music was not original! The six and a > > half second sample consists of three sung notes C,Db, C and a held > > flute harmonic C2, as a result of the combination of voice, harmonic > > and a balanced distribution of each a series of shifting multiphonics > > are created. The judge ignored the multiphonics because they weren't > > written on the score and said that there are just three notes in the > > score which aren't protectable. If you go to the Beastie Boy's DVD of > > the piece "Pass the Mic" to signify the song there is only my flute > > sample and a drum beat. The judge consistently used European paradigms > > to judge my music. An aria from Purcell's "Dido and Aeneas" and Cole > > Porter's "Night and Day" were examples of what is protectable. "Choir" > > is about four black women singing in a church in rural Arkansas. This > > work is a modern approach to a spiritual. As you well know, one would > > be hard-pressed to find multiphonic fingerings in most jazz scores, > > even when multiphonics are used!!!! If I'm writing for a classical > > ensemble I'll write out the multiphonic fingerings because of how > > notation is used in that culture of music. > > > > The urgency of this letter is that after unjustly winning the > > case the Beastie Boys have filed a motion with the court for me to pay > > their legal fees of $492,000 after they stole my music. I have already > > spent a considerable amount of money for a creative musician and > > college professor. This would, of course, send me into bankruptcy, and > > I stand a chance of losing my home and all that I have worked for > > through the years. If you can spread news of this judgement around, it > > will help my cause greatly. > > > > The more newspapers, magazines and journals that this is > > placed in will help. Please inform us of any press that appears so > > that we can use it in our legal endeavors. My lawyer, Alan Korn > > ([EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>), and he can give you the > > information of where to send Amicus letters. > > > > This decision is a dangerous one that would affect jazz > > composers and other composers that choose to write in other ways. The > > strain on this trial and subsequent rulings have been immense. It has > > curtailed much of my artistic output because of the seriousness of > > this situation. This is a time when I have to now ask for your help. I > > am fighting for my rights and the abilty to express myself in my own > > and any other cultural perspective that I choose as an artist. > > > > Yours in music and freedom, > > James Newton --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
