STOP THE PRESSES?!?!?!? (fwd)

Some of you may be familiar with a band of "aural collagists" known as Negativland. This group first gained notoriety outside of their tiny but rabid fan base with their 1991 recording entitled "U2", which resulted in a flurry of threatened and actual lawsuits. Since then, they have continued to explore the bleeding edge of trademark law, copyright law, and fair use, most recently with their recording entitled "Dispepsi". Negativland's work incorporates "found sounds" -- samples and manipulations of advertising, recorded music, etc., reworked and transformed into a unique work. A typical Negativland piece of five or so minutes might incorporate 50 - 70 such snippets.

(Full disclosure -- I have made reference in the past to a paper I wrote regarding fair use and the tension between copyright law and the First Amendment. I mentioned that I intend to publish this paper on my web page Real Soon Now, a schedule which I still intend to meet. What I have not previously mentioned is that my paper uses the "U2" fiasco as a starting point and general framework for my discussion. Thus, I have a greater interest in Negativland's work and career than might be considered normal or even sane.)

One may dispute Negativland's legal right to produce recordings of the sort they are known for. I think that it is fair to characterize some of their efforts as being at least arguably infringing. I have some personal problems with the use of copyright law to prevent such avant garde artistic expression, but the law is what it is and plaintiffs clearly have a right to seek (if not receive in every case) a legal remedy.

However -- I recently received the following message from Negativland's listserv, and I for one have some *very* serious problems with the state of affairs described in this message. I am forwarding the relevant portion of the message to this list, in the hopes that it will spark some discussion.

Happy trails,
Rod

***
Rod McCarvel, Attorney
5341 Ballard Avenue NW
Seattle, Washington 98107

(206)297-1446
FAX (206)784-6759

• Forwarded Message Follows -------
  > To: forklifters[_at_]negativland.com
  > From: mark[_at_]negativland.com (Negativland )
  > Subject: STOP THE PRESSES?!?!?!? and.... New Stuff from Seeland
  > Date sent: Sun, 9 Aug 1998 01:48:55 -0700
  > Send reply to: mark[_at_]negativland.com (Negativland )
  >
  > STOP THE PRESSES????
  >
  > Recent threats by the RIAA (Recording Industry Asscociation Of America)
  > have intimidated our CD pressing plant into REFUSING to press the new
  > Negativland CD (OVER THE EDGE Volume 3 - "The Weatherman's Dumb Stupid
  > Come-Out Line", originally slated for an August 17 release) ). We are
  > trying to find another CD replicating plant to do it but so far have had
  > no luck... so it may never come out!! AND we don't know whether our not
  > we will be able to press ANY of our stuff ever again as our CD plant is
  > now scrutinizing every thing we do! This is a very serious and
  > frightening threat... much worse than a single record company or publisher
  > going after us for a single infringement- this is the ENTIRE Corporate
  > Record label biz telling manufacturers ( via the RIAA) to start poliicng
  > what is and is not acceptable art... very troubling and probably very
  > illegal... We are workling on a very lengthy press release about this,
  > talking to volunteer laywers and generally trying to stay calm and
  > re-group... we'll have more news soon...