(GABBER) Fwd: Press Release *final* (fwd)

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>
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>Subject: Fwd: Press Release *final* (fwd)
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>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
>January 27th, 2000                      Mark Gunderson (ECC)  614-262-0654
>                                        Mark Seilhamer (Eerie)  415-441-2438
>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
>    >>> WWWeb:   http://evolution-control.com    (newly redecorated!) <<<

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