although I'm yet to hear the track, probably the least Josh Wink could do is pay DBX the mechanical royalties (ie like he's doing a cover of Phreak) especially if he plans to sell 500,000+ copies through some major record company
on 10/4/02 7:17 PM, raoul at [EMAIL PROTECTED] wrote: > Damn, it seems this Josh Wank guy has a very low ceativity. > I actually never liked any of "his" work. > But this Dan Bell story explains it all to me. > He's just a cheap copycat! > > > ----- Original Message ----- > From: <[EMAIL PROTECTED]> > To: <[email protected]> > Sent: 10 April, 2002 10:41 AM > Subject: [313] FWD: Letter from Daniel Bell > > >> ----- Forwarded message from bumtschak2000 <[EMAIL PROTECTED]> ----- >> >> Date: Wed, 10 Apr 2002 08:12:40 -0000 >> To: [EMAIL PROTECTED] >> X-Mailer: Yahoo Groups Message Poster >> User-Agent: eGroups-EW/0.82 >> Reply-To: [EMAIL PROTECTED] >> From: "bumtschak2000" <[EMAIL PROTECTED]> >> Subject: [minimaltechno] Letter from Daniel Bell >> >> Making it's way though illegal MP3 sites, BBC Radio 1 and being >> played by world famous dj's such as Richie Hawtin and Dj Hell is the new >> release from Josh Wink "Freak" (or sometimes listed >> as "Superfreak" or "Phreek"). >> >> If it sounds familiar when you hear it is because it bears more than a >> passing resembelence to Daniel Bell aka DBX "Phreak" that was >> originally released on Accelerate records in 1992. >> >> Says Bell "I've heard many records copy my sound but this is >> ridiculous. I've known Josh for over 11 years and in my opinion, this is >> his lowest he's ever gone." >> >> He stands to sell hundreds of thousands of records of this release >> without giving any credit to the original . Please help us make the >> techno community aware of what is going on. >> >> Enclosed a lettter (with minor changes) that was sent to UFA (Daniel >> Bell's publisher for "Phreak"): >> >> It's a difficult thing to establish when an artist is influenced or is >> in effect copying another artist. I'm aware that in this age and that in >> my specific genre of music making that the issue of copying another >> artist's work has become an even more black and white issue mostly due >> to the frequency of digital sampling and more specifically the clearing >> of digital samples. >> >> And while digital sampling has made the idea of copying musical ideas >> less ambiguous and more easily detected than ever before, I find >> myself in the situation where I feel I have become the target of good >> old-fashioned copyright infringement. >> >> I am writing this in the sincere hope that you will listen without >> prejudice to the evidence I'm providing to you. >> >> Introduction >> >> I believe that the recording artist Josh Wink (aka Winx) has >> knowingly copied arrangements, sounds and production techniques from my >> own copyright protected work and has failed to acknowledge the source of >> his success. It is my belief that Wink has developed a >> pattern of loosely basing his musical structures and arrangements on my >> own original work. I also believe that his next release "Freak" is his >> most daring copy yet of one of my arrangements. [...] >> >> 2 >> History: >> >> I have met Josh Wink several times. The first time was in November 1990 >> in Detroit where I was scheduled to perform as Cybersonik with Richie >> Hawtin at a nightclub called "1515 Broadway". The performance was >> canceled hours before it was to start and we only found out when we >> reached the venue. There was no line-up or crowd waiting to get in, only >> two people were waiting when we arrived. One of them was a disappointed, >> then unknown, Josh Wink, who I remember had traveled from Philadelphia >> to see us and was a "big fan" of our music. >> >> I saw Josh Wink again in 1992 in either Rochester N.Y or Philadelphia PA >> while on tour again as Cybersonik. The DBX "Phreak" (the track in >> question) was released weeks before on my label Accelerate. He was sent >> a copy of this record from the +8 label directly (the label >> pressed and distributed my label Accelerate). He said he "loved" the >> track "Phreak" and that he "just wished the track was longer" - it's >> approx. 3 and half minutes long (his "Freak" approx. 5 mins). >> >> The next time I had an encounter with Josh Wink was in 1995 just >> months after I had released my "Losing Control" record. The record was a >> huge underground success most notably because it featured a monotone >> voice repeating the words "I'm Losing Control" on every bar faded in and >> out of the song. The effect was similar to a melodic hook in popular >> music. The entire song was based on the manipulation of the vocal. At >> the beginning of the arrangement the vocal is >> introduced with the high frequencies muted and only the audible >> frequencies are the lower frequencies. As the song progresses more of >> the high and mid-frequencies are revealed until the whole phrase >> of "I'm Losing Control" is audible. The vocal is then manipulated and >> echoed and then disappears by subtracting the frequencies in the >> reverse way they were added. To my knowledge, this way of slowly >> manipulating a frequency filter over a repeated vocal phrase, over the >> course of an entire track was never done before in dance music prior to >> this record >> >> Josh Wink called, he told me he had a similar track called "Don't Laugh" >> that had a "laugh" instead of the vocal "Losing Control" that was >> manipulated and arranged in a similar way. It was strange that Wink had >> phoned me about this because I had never received a call from him before >> or since that day. "Don't Laugh" was released in 1995 and was licensed >> to several high profile record companies who were able to promote the >> single into mainstream markets that were not >> familiar with "Losing Control". In contrast, Peacefrog records of the >> U.K., the original label to release "Losing Control" froze sales at >> 10,000 copies in order to make the release rare and in-demand to >> develop prestige for the label. Even though the release was the >> biggest seller on the label to that point, no promotion was done. In the >> end, 500,000 copies of "Don't Laugh" were sold worldwide. Despite the >> similarities and the overwhelming feeling that he was trying to >> capitalize on my ideas, I felt that that there was no recourse for me >> because his track still had some differences. >> >> 3 >> >> In 1995 Josh Wink released a successful mix-c.d. on the DMC label >> entitled "United DJs of America Vol. 3 " in which he licensed "Losing >> Control". >> >> In 2000 Josh Wink released "How's Your Evening So Far" a track that >> featured a digital loop of Lil Louis' 1988 hit "French Kiss" . The track >> also featured a voice repeating the title - similar again >> to "Losing Control" - only this time the way the vocal was >> manipulated in almost the exact same way, as if 7 years later he >> finally figured out the specific technical approach on how the >> original was done. >> >> Regarding the Lil' Louis aspect of the song the New Music Express >> reported on July 4th 2000: >> >> "JOSH WINK has run into a legal wrangle with PETE TONG's label ffrr over >> his version of the LIL LOUIS' acid house anthem `FRENCH KISS'. The >> record is due to be released in the US on Ovum label at the end of July, >> but a worldwide release is not likely until an agreement has been >> reached over how the Wink version will be credited". >> >> Josh Wink reportedly resisted the Lil Louis co-writing credit that he >> was eventually forced to put on his release. Many reviewers noted that >> the release sounded like a remix of "French Kiss" rather than a new >> song. >> >> In December 2001, Josh Wink showed up at a club in Philadelphia PA that >> I was djing at and told me that "I have a track called "Freak" that's >> going to be really big" and that it was inspired by early >> tracks. The track has been tentatively titled either "Freak" >> or "Superfreak" (I also have a track entitled "Superphreak" a 1993 >> release on Peacefrog) and has been played on Pete Tong's show on >> Radio 1 in London. >> >> This track "Freak" sounds like a remix or remake of my track "Phreak" >> from 1993. It features a pitched-down robotic voice saying "Freak" on >> every bar. The arrangement is sparse like the original Also the main >> musical repeating notes are very similar and may even be samples of my >> track cut up. >> >> There already is a big buzz in several countries regarding this >> release and I believe it is slated for release on the Ovum records in >> the summer months. I feel that this is the last straw and that this >> track is too close to my own. Please help to publicize this >> situation. His New York lawyers claim there are no similarities. Let the >> people judge for themselves by supplying them with all the >> information. >> >> Thank-you for your understanding and attention, >> Daniel Bell >> >> >> www.7th-city.com >> >> >> ------------------------ Yahoo! Groups Sponsor ---------------------~--> >> Buy Stock for $4 >> and no minimums. >> FREE Money 2002. >> http://us.click.yahoo.com/k6cvND/n97DAA/ySSFAA/rFPplB/TM >> ---------------------------------------------------------------------~-> >> >> To unsubscribe from this group, send an email to: >> [EMAIL PROTECTED] >> >> >> >> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ >> >> >> >> ----- End forwarded message ----- >> >> -- >> Hans Veneman >> [EMAIL PROTECTED] >> http://technotourist.org >> http://www.TV-99-AD.com >> >> >> >> >> --------------------------------------------------------------------- >> To unsubscribe, e-mail: [EMAIL PROTECTED] >> For additional commands, e-mail: [EMAIL PROTECTED] >> > > > --------------------------------------------------------------------- > To unsubscribe, e-mail: [EMAIL PROTECTED] > For additional commands, e-mail: [EMAIL PROTECTED] > --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
