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. This email and any files transmitted are confidential and intended >solely for the use of the individual or entity to which they are addressed. >If you have received this email in error, please notify >[EMAIL PROTECTED] > > > >--------------------------------------------------------------------- >To unsubscribe, e-mail: [EMAIL PROTECTED] >For additional commands, e-mail: [EMAIL PROTECTED] >
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