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Thread started 02/08/05 7:57pm

Anxiety

The Letter U and the Numeral 2: Negativland Vs. U2

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Reply #1 posted 02/08/05 8:09pm

Anxiety



The Letter U and the Numeral 2


What happens when your art consists of sampling other people's work? If your name is Negativland, you get your ass sued by U2.


This story juxtaposes things that should never be within a million miles of each other. It's a story of little guys fighting big guys, of the volatile mixing of art and business, of indie-label musicians and corporate lawyers. It's not a funny story, although the term pro bono might make you laugh later. It's a story that hasn't ended yet, but by the time it does, lots of money will have changed hands, and lots of people - musicians, pop stars, record companies, and lawyers - will have spent thousands of hours in court.

The story is about Negativland, a collective of three or more friends who sometimes get together to make music. Well, maybe it's music: recorded audio material - television jingles, radio talk-show clips, conversations culled from radio waves, anything that features the sound of a human voice - is fodder for the collage that comprises a Negativland recording. Mediaddicts who see society suffering under a constant barrage of TV, canned imagery, advertising, and corporate culture, Negativland's members are, by self-definition, artists of appropriation. They create with mirrors.

Gathering the most memorable, most evocative, or most provocative chunks from the spew, they reassemble them into something new - occasionally political, frequently critical - and spin them back into the barrage. Combining, say, car-manufacturers' slogans, sound effects, and a PSA warning against drinking and driving in "We Are Driven" (from their 1993 release, Free), they create a danceable phantasmagoria that disses our culture's obsession with the automobile: simple enough, thought-provoking, and pretty funny. At their worst, the members of Negativland are repetitive and smarmy; at their best, they are razor-sharp, microscopically focused, and deadly accurate.

At a tiny North Oakland, California, studio, where he collaborates with Mark Hosler and Don Joyce (Negativland's brain trust), Chris Grigg explains the band's techniques. "By working with several levels at the same time, we encourage people to observe multiple meanings - even if they aren't intended - in everything around them," he says. Negativland invites us to inspect more closely the surrounding world and its media, a practice Grigg calls "instructive, terribly fun, and a bit psychotic."

Using closer inspection as a working philosophy, Negativland creates plenty of media itself: CDs, LPs, EPs, cassettes, a video, magazines. Time Zones Exchange Project, a double CD with a 28-page booklet, released last October, is an elaborate, Church of the SubGenius-meets-Griffin & Sabine historical hoax. Some members of the band produce KPFA-FM's Over the Edge, a weekly 3-hour improvisational radio program in nearby Berkeley. Others are finishing a "caustic, perversely complete" guide to Disneyland. The band's latest project, a CD and book entitled Fair Use: The Story of the Letter U and the Numeral 2 is inspired by a recent adventure they had with the law. You might have heard about it.

Three years ago, in August 1991, the band and its label at the time, SST Records, released a single called U2 that featured a U-2 spy plane, the lettering "U2," and Negativland's name in small print on its cover. The recording included about 35 seconds of a U2 song, American Top 40 icon Casey Kasem making disparaging comments about the band ("These guys are from England and who gives a shit?") while bawling out his staff, CB-radio conversation, and inane commentary from The Weatherman, one of the group's occasional members. Innocuous and very funny, U2 was signature Negativland. Despite its cover, it could never, once heard, be mistaken for a recording by the Irish pop zillionaires, it would never be taken for anything other than a parody, and it would be unlikely - since Negativland had never sold more than 15,000 copies of any release - to reach a huge audience. U2 wasn't going to make anybody rich, nor was it going to make Island Records Ltd., U2's label, poor.

But it nearly bankrupted Negativland.

"The bulk of appropriated material on our earlier releases was from fairly obscure stuff," says Joyce in retrospect, "and U2 marked the first time we had ever taken on pop music. It wasn't even something that attracted us, but it just became appropriate because we got these Casey Kasem tapes mentioning U2. It's nothing we'd have chosen to do otherwise"....


(the story continues on the clicky-click link located at the top of this thread.)
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Reply #2 posted 02/08/05 9:51pm

SassyBritches

i'm not exactly sure how they would try to implement the fair use doctrine. i suppose they could say its parody or they could try to say that although their song uses previous work, it does so in a manner that has created new work therefore is protected under the fair use doctrine. 35 seconds, however, is a huge piece to use in order to parody or create new work. they should have just asked the band for permission or paid the fee upfront...then both bands could have received publicity. as for the album cover...i think it sounds pretty deceptive, especially as a new u2 cd was on its way to release. tabloids have been sued for the same tactic (false headlines and all) and they usually lose in court. i agree with island records. copyright laws exist for a variety of reasons and people should just always pay the fees and get permission. its just easier and keeps you from going bankrupt.
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Reply #3 posted 02/08/05 9:53pm

GrayKing

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aren't we sick of this story yet? it's only been, what, 15 years? it's been commented on, by both sides repeatedly.
"Awards are like hemorrhoids. Sooner or later, every asshole gets one."
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Reply #4 posted 02/08/05 9:54pm

Anxiety

GrayKing said:

aren't we sick of this story yet? it's only been, what, 15 years? it's been commented on, by both sides repeatedly.


kinda makes you wonder why i'd post a thread about it tonight, huh? smile
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Reply #5 posted 02/08/05 10:04pm

GrayKing

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Anxiety said:

GrayKing said:

aren't we sick of this story yet? it's only been, what, 15 years? it's been commented on, by both sides repeatedly.


kinda makes you wonder why i'd post a thread about it tonight, huh? smile



my favorite part of this story is (one of) the most recent. when the new U2 album and iPod came out, you could find a "U2 vs. Negativland" iPod with "the Complete U2" PLUS the Negativland track on it on ebay lol
"Awards are like hemorrhoids. Sooner or later, every asshole gets one."
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Reply #6 posted 02/08/05 10:53pm

Axchi696

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Keep in mind that the band doesn't always have control over what the record label/management does. Universal Music has been going after websites with U2's lyrics posted, and has also been threatening fan sites that trade bootleg concerts. U2's policy has always been in favor of trading of tapes/MP3s/videos of shows, as long as no money was exchanged. Universal Music, however, doesn't agree. This could've just been a case of Island Records acting without consent of the band.
I'm the first mammal to wear pants.
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Reply #7 posted 02/09/05 12:41am

Novabreaker

Asses.
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