From burp Sent Mon, Jan 31st 2000, 04:56
From burp Sent Mon, Jan 31st 2000, 04:56
I thought this might interest some people on this list: >Date: Wed, 26 Jan 2000 23:59:39 -0800 (PST) >From: mark melts <xxxxx@xxx.xxx> >To: xxxxx@xxxxxx.xx.xx >Mime-Version: 1.0 >X-Spam-Rating: 209.85.120.230 1.6.2 0/1000/N >X-DPOP: DPOP Version 2.7k >Status: U >Subject: Fwd: Press Release *final* (fwd) >Resent-to: xxxxxx@xxxxxxxxx.xxx >Resent-cc: xxxx@xxxxxxxxxx.xxx >Resent-from: xxxxx@xxxxxx.xx.xx >Resent-date: Thu, 27 Jan 2000 01:11:49 -0800 >X-Spam-Rating: 209.85.120.237 1.6.2 0/1000/N > > >Evolution Controlled Creations and Eerie Materials >The Evolution Control Committee P.O. Box 420816 >P.O. Box 10391 San Francisco, CA 94142-0816 >Columbus, OH 43201 voice: 415-441-2438 >voice: 614-262-0654 fax: 415-673-2522 >fax: 614-268-6859 email: xxxxx@xxxxxx.xx.xx >email: xxx@xxxxx.xxx >web: http://evolution-control.com > > >FOR IMMEDIATE RELEASE NEWS MEDIA CONTACTS: >January 27th, 2000 Mark Gunderson (ECC) 614-262-0654 > Mark Seilhamer (Eerie) 415-441-2438 > > > CBS THREATENS EERIE & ECC -- "STOP SAMPLING OR WE SUE!" > >San Francisco-based music label Eerie Materials and Columbus, Ohio-based >experimental musical group The Evolution Control Committee have received a >threat of legal action by CBS Corporation over "Rocked By Rape", a musical >critique and parody of violence in network television news, featuring >samples of CBS Evening News anchorman Dan Rather. > >The song "Rocked By Rape" was formerly available only as a 7" single vinyl >record. The lyrics (including the title) are an >audio collage of violent words and phrases spoken by Dan Rather on the CBS >Evening News. This collage is mixed with a bed of music samples from >AC/DC's song "Back In Black". > >Eerie Materials and The Evolution Control Committee must cease all >distribution of the record or face "appropriate action", according to >Sanford I. Kryle, Associate General Counsel for CBS. In a January 19th 2000 >communication to Eerie Materials Kryle warned, "Your use of (Dan Rather's >voice) significantly infringes upon the copyrights owned by CBS." > >"Frankly, I am OUTRAGED," wrote ECC's Mark Gunderson in a strongly worded >reaction. "The copyright law itself allows for people to make "fair use" of >copyrighted materials for purposes of parody. `Rocked By Rape' is NOTHING >if not parody." > >"The title itself, `Rocked By Rape', is not the result of some clever >editing trick on our part but was actually spoken by Rather during one >broadcast," Gunderson explains. "While the context of that phrase and >others we included in our piece may differ from the original, we feel that >these `shock phrases' are often all that remain in a viewer's mind after >each broadcast. Our critique -- our parody -- makes this point plainly." > >Although Eerie Materials and The ECC would like to defend their rights in >court, both admit they haven't the resources to pursue it. Larger >corporations frequently escape potential court losses and the resulting >negative publicity by prolonging pre-trial preparations. The battle then >becomes a war of attrition, fought with mounting legal fees -- a burden >which cash-strapped smaller organizations cannot bear. > >"I was under the impression that the mainstream media considered vinyl to >be a dead format," states Eerie Materials' Mark Seilhamer. "When a >corporate giant such as CBS goes to the trouble to have their legal >flunkies make threats of litigation over a 7" vinyl single pressed in >miniscule quantities, you know it's simply bullying for bullying's sake." > >Although The ECC sampled Dan Rather's voice and the theme music to the CBS >Evening News, doing so is legal for use in a parody. In a 1993 US Supreme >Court case the rap group 2 Live Crew successfully defended their right to >sample Roy Orbison's "Pretty Woman" without permission for their parody of >his song. However, Kryle claims that "to copy, record, perform, exhibit, >exploit, or otherwise use (Rather's words) constitutes a serious >infringement of CBS's exclusive rights in such material." > >"Such a usage as is found in `Rocked By Rape' is pretty clearly an example >of Fair Use as allowed by copyright law," responds Negativland, a musical >group who appeared in court multiple times to defend their legal rights as >collage-based musicians. "This is art as parody, and as social `commentary >and criticism,' and is precisely why copyright ownership is NOT an >`exclusive' right." > >"The most surprising phrase in all of copyright law is where it says that >they are intended to ENCOURAGE new work to be created," Negativland's Don >Joyce writes. >"Nowhere does it say that they can or should be used to censor and inhibit >NEW work." > > >Concerned readers are encouraged to express their dissatisfaction with CBS: > CBS Evening News with Dan Rather > 524 West 57th Street > New York, NY 10019 > 212-975-3247 > > >The Evolution Control Committee is an experimental multimedia band with a >13 year history of audio collage and sonic exploration. Previous releases >have received positive reviews in Spin, The CMJ (College Music Journal), >Magnet, and other national press. The ECC recently launched their own >label, Evolution Controlled Creations, with a CD compilation entitled >"Party Like It's Only $19.99". > >Eerie Materials is an independent San Francisco based record label >specializing in music that defies categorization in the industry's >prescribed genres. Since 1991 Eerie Materials has released records for a >diverse array of bands including The Evolution Control Committee, Man or >Astroman?, Kingdom Scum, Negativland, and Caroliner Rainbow Hernia Milkqueen. > > > >-- >xxx@xxxxx.xxx The Evolution Control >Committee > >>> WWWeb: http://evolution-control.com (newly redecorated!) <<< > P.O. Box 14738 Richmond, VA 23221