-----Oorspronkelijk bericht-----
Van: Robert Taylor [mailto:[EMAIL PROTECTED]
Verzonden: dinsdag 13 augustus 2002 16:58
Aan: 'Langsman, Marc'; Robert Taylor; 'Ian Cheshire';
'[EMAIL PROTECTED]'; [email protected]
Onderwerp: RE: [313] > can you post this to the 313 list... ?
Now there's an idea...
-----Original Message-----
From: Langsman, Marc [mailto:[EMAIL PROTECTED]
Sent: Tuesday, August 13, 2002 1:57 PM
To: 'Robert Taylor'; 'Ian Cheshire'; '[EMAIL PROTECTED]';
[email protected]
Subject: RE: [313] > can you post this to the 313 list... ?
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]'; [email protected]
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: [email protected]
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"
<[email protected]>
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
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