A few years ago, a DIY artist by the name of MC Lars released an album titled The Graduate. Making the album with ProTools and his MacBook, the title track is ‘Download This Song,’ a throwback to Abby Hoffman’s ‘Steal this Book.’ The song is about the change in the marketing and sales dynamics of the record and motion picture industries. Some of the lyrics are as follows: “18.98 Iggy Pop CD? What if I can get it from my sister for free? It’s all about marketing Clive Davis, see? If fans buy the shirt then they get the mp3. Music was a product now it is a service…” I wont link to a music video of the song because I do not want to run afoul of the DMCA, but one can easily find it on YOUTUBE or GOOGLE.
These lyrics seem more true today than they were when the album was released. For example, DJ Danger Mouse was set to release a new album in mid-June, except due to problems with the record label EMI, the album cannot be released. Instead, you can go online to http://www.dnots-store.com and order David Lynch’s artwork along with a blank CD-R. There are several notices on the store site saying things like “Please note: Due to an ongoing dispute with EMI, Danger Mouse is unable to include music on the CD without fear of legal entanglement. Therefore, he has included a blank CD-R as an artifact to use however you see fit.”
In response, EMI released the following statement: “Danger Mouse is a brilliant, talented artist for whom we have enormous respect. We continue to make every effort to resolve this situation and we are talking to Brian Burton (Danger Mouse) directly. Meanwhile, we need to reserve our rights.”
EMI appears to be holding a grudge for the still infamous “Grey Album” released by Danger Mouse in 2004. The Grey Album, which featured mash-ups of songs by The Beatles with songs by Jay-Z, likely angered EMI because The Beatles songs were used by Danger Mouse without authorization from EMI (the record label retaining the rights to the songs).
Additionally, there is a rumor circulating in the wikis, and recently on the NYTIMES, that Danger Mouse is upset that his label Lex Records undertook a joint venture with EMI whereby EMI wound up with global distribution rights to many of Danger Mouse’s albums. Apparently, Danger Mouse believed that releasing his music would lead to liability, and after funding the project himself, he would not be able to afford legal battles. So instead, he released Lynch’s artwork and a blank CD-R, hoping to at least break even.
MC Lars’ lyrics ring loud and true in Danger Mouse’s latest copyright quasi-infringement escapade: “If fans buy the shirt then they get the MP3″ and “Music was a product, now it is a service.” If the record companies are neglecting artists to the point that the artists are willing to release the album themselves, then how can the record companies continue to complain that the same artists are harmed by P2P and BitTorrent downloads? Considering that Danger Mouse self-financed this album, it will be interesting to see if EMI or Lex Records try to claim copyright. A search of copyright.gov for a Dark Night of the Soul registration was unsuccessful.
The album is a collaboration with director David Lynch (of ‘Elephant Man’ fame) and Sparklehorse, an electronic rock group. There are several other groups that make appearances, such as The Flamin Lips, Vic Chesnut, Iggy Pop, Suzanne Vega, and others. There is still a legal stream of all of the tracks on the album at NPR‘s website. Give it a listen.