Yeah.. and maybe submerge should start giving tunes away for free or at least cost :P
>-----Original Message----- >From: Robert Taylor [mailto:[EMAIL PROTECTED] >Sent: Tuesday, August 13, 2002 3:40 PM >To: 'Ian Cheshire'; '[EMAIL PROTECTED]'; 313@hyperreal.org >Subject: RE: [313] > can you post this to the 313 list... ? > > >Exactly - it's all about the Benjamins isn't it? >I hope most musicians don't feel this way about their music, >as potential >dollar earners as opposed to artistic creations. > > >Cos hey lets not beat around the bush,,there are few people >who would sit >back and bite their tongue and see the dollars just running >away from them >from what they originally created. > > > >-----Original Message----- >From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] >Sent: 13 August 2002 13:15 >To: 313@hyperreal.org >Subject: RE: [313] > can you post this to the 313 list... ? > > > >Memo from Alex Bond of PricewaterhouseCoopers > >-------------------- Start of message text -------------------- > >Surely the point is that the multi-millionaire Beastie Boys >are about to >bankrupt the guy, all for the privelege of using HIS music, >without asking >the right people. > >Bit shady on their part, and you would have thought if they >knew the full >story, you'd have hoped that they'd get their record company >to stop the >action taken against him. > >If, however, they know exactly what's going on, then they're >bang out of >order and should be strung up. > > > > >Robert Taylor <[EMAIL PROTECTED]> on 13/08/2002 13:41:51 >To: "'Odeluga, Ken'" <[EMAIL PROTECTED]>, >"[EMAIL PROTECTED] Org" > <313@hyperreal.org> >cc: > > >Subject: RE: [313] > can you post this to the 313 list... ? > >Yes - What is wrong with sampling? Hip hop and many electronic forms of >music use it creatively > >-----Original Message----- >From: Odeluga, Ken [mailto:[EMAIL PROTECTED] >Sent: Tuesday, August 13, 2002 11:28 AM >To: [EMAIL PROTECTED] Org >Subject: RE: [313] > can you post this to the 313 list... ? > > >Ha! Is this is serious considered response? > >>-----Original Message----- >>From: Robert Taylor [mailto:[EMAIL PROTECTED] >>Sent: Tuesday, August 13, 2002 11:26 AM >>To: 'Neontsetse'; 313s >>Subject: RE: [313] > can you post this to the 313 list... ? >> >> >>What about the artist's right to sample? >>Surely it is ridiculous to award damages to an artist if they >haven't been >>harmed commercially by the sampling? >>No one is ever going to buy a Beastie boys record in the >mistaken belief >>that it is a James Newton record. >> >> >>-----Original Message----- >>From: Neontsetse [mailto:[EMAIL PROTECTED] >>Sent: Tuesday, August 13, 2002 9:20 AM >>To: 313s >>Subject: [313] > can you post this to the 313 list... ? >> >> >> >> >>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] >> >> >>Any views or opinions are solely those of the author and do not >necessarily >>represent those of Channel Four Television Corporation unless >specifically >>stated. 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