Archive for September, 2004

[AUDIO] They Wanna F*ck (TKOWID PT6) 1

J-Love - The King Of What I Do Part 6 Album Cover

Just copped the 6th installment in The King Of What I Do series. A lot of strong music on there. Do not front on this man, he’s been single-handedly holding down the mixtape scene since before the majors got interested. Check some fresh Wu audio below, Ol’ Dirty still got it… support this!

Gza, Rza and Prodigal Sunn - I Wanna F*ck

Ol’ Dirty and Ghostface - Put It In The Air

[VIDEO] Silver Back Mountain King 2

Bigg Jus video for Silver Back Mountain King from the 2.0 version of Black Mamba Serums, courtesy of Space Time Energy Matter.

[INTERVIEW] Kay Gee 0

Interview with almighty Kay Gee of the Cold Crush Brothers, excerpt below:

Keeping with this subject - there’s really very few Hiphop artist who are taking full advantage of the internet, and many who remain totally ignorant of it altogether. Why do you think the majority of artists continue to turn away from the advantages of using the ‘net?

KG: To a lot of old and new cats, the internet seems huge. But its really only huge for those who understand it and respect its power. Most people today are still very analogue - they’ve been programmed to remain analogue and NOT take it to that high-definition level. And also, there’s still a lot of people who don’t have a computer in their house. So, I can understand how they can get caught up and don’t understand… is a computer gonna make their life different? Yes of course, but they don’t know that yet. Me personally I’m a Hiphop geek… I’ve been down since Pong! I’ve been playing Pong before people even knew what a home games system was. So for me, its been a natural progression for me - I’ve always been into computer systems and stuff. As far as Hiphop is concerned, I’ve tried to express to people how the internet is gonna be the way to sell music - one day its gonna be the ONLY way to get music, cos people ain’t gonna be wanting to go the stores no more. And that’s another reason why I created the site - not just to sell music, but also to update people with info on what they should be doing and how they should do it. Also half of the proceeds from the site go to Money Ray’s 4 children - Money Ray was an original Cold Crush Brother and he passed away almost two years ago. And that’s something I wanted to do personally because me and him came up together, and I brought him into the Cold Crush.

MC Eiht Interview 0

Stolen from allhiphop.com: interview with MC Eiht talking longevity, paying dues, and getting picked up at the airport by Dj Premier

I just want somebody in my neighborhood, or in some neighborhood to be going through what I’m going through. N*ggas who don’t have Bentleys, and don’t have jobs, what is they going through? Unemployment is high right now. Everybody can’t be rappers like me, or editors like you, or magazine owners or store owners. There’s people who wake up everyday ready to shoot themselves. I connect with them, because I know struggle. I’m not no motherf***kin’ billionaire!

Sage Francis & Friends Benefit Concert: The Living Room in Providence, RI 0

Sage Francis & Friends Benefit Concert

Before I get into everything, I would like to state that all proceeds from the show were given to Jen Swain, an aspiring artist who developed an inoperable tumor next to her heart. As a result of having no health insurance, which many artists can identify with, she found herself $200,000 in debt. I would like to wish her the best of luck.

The show was quite a success as performer after performer rocked the stage for almost six hours. However, to be honest, I was only there to see Sage’s set, which was great. To my knowledge, it was the only time he has performed tracks from his three studio albums (Personal Journals, Hope and A Healthy Distrust) at one show. Accompanied by DJ MF Shalem and a dancing banana, Sage gave us our first taste of his Epitaph Records debut and it sounded dope. Although the whole album wasn’t showcased, the songs that were performed hyped me up even more in anticipation for the release. In particular, his acapella of Slow Down Ghandi was amazing and I can only hope the studio version is equally as powerful. After a brief intermission with Shalem on the wheels of steel, Mr. Francis came back on to continue the set with cuts like Specialist, Broken Wings and Climb Trees (complete with an interesting dance routine). Before the Non-Prophets portion of the show, Sage announced the entrance of Joey Beats, a special surprise guest (although I doubt anyone in the whole venue was really surprised). After damaging the audience with the proclamation that they weren’t down with the mainstream of self, the trio made everyone in the crowd bounce ’til there was no tomorrow. The finale was a performance of Makeshift Patriot, a fitting track considering the elections are less than two months away. I still wish it was Whoremonger but no complaints here as it was a great show.

Ruining hip hop since… 0

Anticon Records recently re-launched their site - and its the spiffiest version of anticon.com yet. It features new mp3s from Pedestrian, (Arrest the President!) feat. Sole and Jel - who cooked up a nice beat, and a track called Pick Me for President by Shapeshiftin’ Circus backed by Odd Nosdam. Pedestrian’s double A sided 12″ featuring Arrest the President should be out in November.

Dosh’s EP (dosh, who the hell is dosh?) Naoise is out now and if I ever need to hear a sample I know where to go…..

New Lab Waste 0

Apocalypse-friendly video from Thavius & Subtitle by The Artificial Army.

Beats by the Hour 1

Jizzm

LA producer/mc/engineer/ladies-man, Jizzm High Definition, just posted up a bunch of unreleased tracks via soundclick including a joint with Mikah9 and an old Wake Up show drop with AwolOne and J.U.I.C.E.

The Almighty Jizzm and his Illasophic Records offers production/recording/mastering/engineering services and for a limited time only you can buy beats at an hourly rate.

Recently he’s done beats for Murs, XololanXinco and for that Busdriver Party Pooper 7inch I really liked from last year. Going back a few years, he rapped as a lion, snake, and snake killer on the classic “Farmer’s Market of the Beast” with XololanXinco, Radioinactive (who ripped it as a goat), Awol and Circus.

Commies eatin’ your royalties? (The War Report that never was) 0

Found this great post pointing to a white paper discussing the parallels between Marxist ideology and the copyright movement.

That’s right folks, the Red Scare is still frightening your neighbors. Some people believe that the recent push for copyright reform (think Induce Act) is actually an attempt to preserve democracy, since it will maintain a “healthy urge” to create works of art or other works of public importance. I mean, why would Stevie Wonder continue to sing if he can’t make doe? Or why would big-pharma support R&D for cancer treatment if there’s no pay out? Makes sense right?

Well, because of this argument it seems many people who support ideas of an open/commons market (e.g. creative commons) are being labeled as communists. Supposedly because communists offer the rejection of private property-ownership which is being equated to the rejection of private intellectual-property-ownership. In other words, if you re-interpret that image and try to make it your own, or if you sample that sound and try to incorporate it into your own, and you see nothing wrong with that, than you’re basically a Bolshevik getting ready to loot the house that Capitalism built.

This paper does a great job at flipping the coin and showing you the face of reason. It states that in the same way it may appear that intellectual-property theft can stifle creativity, an unrestrained free market capitalism can “consume itself” as it’s private property systems fervently attempt to increase their empires. Copyright owners and their beneficiaries (e.g. RIAA, MPAAJ) will always push their “property-maximizing” agendas, thereby suffocating the artist and drowning the free-thinker.

So, the way I see it right now, at 12:16am in nyc, as I listen to Tragedy’s, I mean, Capone and Noreaga’s debut album (for real though, Traj is all over the war repot), this paper does a great job of providing a balanced look at both arguments. And the thought of not having this or other good albums available to me because of sample-clearance issues persuades me to believe the ideas presented in this paper and argued by many lawyers and progressive thinkers are especially important to hiphop artists and their descendants who would not have had the freedom to introduce and develop their work if James Brown’s publisher/administrator did a better job at catching “their” breaks being used on other peoples records (can you say run-on?). So I say if you like and/or respect hiphop then you should recognize the importance of keeping certain people and interests in check.

Q&A with Qwel 0

Qwel

After tearin’ up ciphers alongside the Nacrobats crew and a controversial loss to Eyedea in the 2000 Midwest Blaze Battle, Qwel eventually teamed up with fellow Typical Cats Qwazaar and Denizen Kane to give us their self-titled EP and album. Several years later saw the release of his deeply introspective and personal solo debut entitled If It Ain’t Been In A Pawn Shop, Then It Can’t Play The Blues, which blew critics away with its intense lyricism and poignant subject matter. After releasing his sophomore effort The Rubber Duckie Experiment the following year, Qwel and Jackson Jones hooked up for the equally impressive Rapid Eye Movements album. Now established as one of the underground’s top MCs, Qwel has begun working on the unofficially titled four seasons project. The first installment, entitled The Harvest, was produced entirely by Maker and is out in stores now. What’s next? The second part of the four seasons series with producer Meaty Ogre called Freezerburner.

Continue on to read the interview (snatched up from 30music.com) where Qwel rants and raves about everything from politics to his deep Christian beliefs to an interesting encounter with Slug from Atmosphere.

Grandmaster Flash & The Furious Five Rock ‘N’ Roll Hall Of Fame Nomination 1

Grandmaster Flash and the Furious Five have been nominated for the Rock N Roll hall of fame along with the O’Jays, Kraftwerk, and others. Yeah kiddies - they fell off when Run DMC hit but they could have had their run through like 87 - 88 and further. There’s probably a million excuses/reasons/lawsuits/demons why they didn’t dominate as long as they could have but Melle Mel (1987 New Music Seminar MC Battle winner), Kid Creole, Scorpio, Raheim, and Cowboy RIP were all (and still are) vicious, talented, and always current MCs. What if they got down with Ced Gee or Mantronix or Rick Rubin or actually tried to stay competitive with Rakim or Kane or KRS over early James Brown sampling or made music over beats that MC Shan or Just Ice had? What if some record label jerk thought it would be a good idea to have Prince Paul do a Furious Five album in 1990? Does anyone remember the Hot 97 Mic Check Show on Sundays in 1994?. For an hour every week they would freestyle and have famous MCs come up and no matter who showed up, they never got outrhymed or outshined. The Furious Five could have had their run in every era of hip hop. Congratulations and all, but will the public ever really appreciate the Furious Five?

Ellis Marsalis DVD-Audio Album 1

ESP-Disk is about to release a new DVD-Audio album by New Orlean’s jazz legend Ellis Marsalis which has been recorded in 5.1 stereo surround sound using Sonature technology. You can buy it before it hits most retailers by going to the ESP store - DVD-r disc, hand numbered, full packaging by ESP! I haven’t gone out and purchased a DVD-audio player (yet), or 5.1 surround sound system for that matter, but I’ve had the opportunity to hear the difference between the highest quality CD (but still over 20+ year old technology) recording of certain selections of Sun Ra, Patty Waters, and a few other ESP artists vs. a proper DVD-Audio stereo surround sound system using Sonature technology and the difference was amazing and obvious. I gladly sat through a lengthy presentation of this innovation in sound quality by Stollman himself in ESP headquarters and as someone who generally doesnt mind badly recorded music, I was genuinely impressed. With the right set up, which in this case included 5 speakers (I think), in a medium sized living room, you could stand anywhere in the room and the sound remained consistent. I could hear the detail in every instrument of Sun Ra’s Arkestra and I finally heard an official version of Astro Black for the first time (before that I listened to an Mp3 of the same song about 100 times) . I can only imagine what other albums would sound like in Sonature or any 5.1 surround sound even. Rhino, ESP, and others are doing interesting things….

[AUDIO] White People {Revisited} 0

Handsome Boy Modeling School - White People Album Cover

Following up on a recent update, the duo of Prince Paul and Dan the Automator are getting set to release their second album under the name Handsome Boy Modeling School entitled White People. Now equipped with a higher budget courtesy of Elektra Records, expect a video soon for the lead single The World’s Gone Mad featuring Del tha Funkee Homosapien, Barrington Levy and Alex Kapranos of Franz Ferdinand fame (try saying that three times over). Until then, you can peep the new single below. Scheduled release date is November 9th.

According to Rolling Stone, Rza made his own contributions to the album. Since I don’t see him anywhere in the track listings, it is possible he produced a track or two (hopefully). Prince Paul and Rza back again? That is music to my ears.

01. Intro featuring Father Guido Sarducci
02. If It Wasn’t for You featuring De La Soul
03. Are You Down With It featuring Mike Patton
04. The World’s Gone Mad featuring Barrington Levy, Del tha Funkee Homosapien and Alex Kapranos
05. Dating Game featuring Tim Meadows
06. Breakdown featuring Jack Johnson
07. It’s Like That featuring Casual
08. I Am Complete featuring The Hieroglyphics
09. I’ve Been Thinkin’ featuring Cat Power
10. Rock and Roll (Could Never Hip Hop Like This) Part 2 featuring Mike Shinoda, Finesse, Jazzy Jay and Grand Wizard Theodore
11. Knockers Skit featuring Tim Meadows
12. The Hours featuring Chino Moreno, El-P and Cage
13. First . . . and Then featuring Dres of Black Sheep
14. A Day in the Life featuring Mars Volta
15. Good Hygiene featuring Tim Meadows
16. Greatest Mistake featuring John Oates, Jaime Cullen and Paula Frazer
17. The Runaway Song Part 2 Remix featuring Kid Koala
18. Outro

Organized Konfusion Live! 0

To commemorate Prince Po’s debut album The Slickness, Nasty Habits Entertainment, which is owned by Mr. Po, along with Lexoleum Records is planning a listening party to take place on September 26th at 10PM in NYC’s Knitting Factory. Special guests include Mr. Complex, Rockwilder on the tables and none other than former OK partner in crime Pharoahe Monch. Also, I wouldn’t be surprised at all if several special uninvited guests stop by to witness this one-night only (for now) reunion. Ya want better news? Ticket prices are at a bargain price of $10 but be sure to reserve your place now because it’s sure to be a sold out event.

Sach 5th Ave 0

Sach 5th Ave Album Cover

Word is the long awaited Sach album is out now titled Sach 5th Ave, produced entirely by OD! La2thebay and Access (check Access link for audio samples and a larger pic of that nice cover art) have copies. Sach’s last full length, the undervalued Suckas Hate Me on Japan’s Mary Joy Recordings was released in 2002. For further listening, track down a copy of his 7 Days To Engineer album and the classic World Ultimate by the Nonce.

Rhino’s DVD Audio 0

Grandmaster Flash and the Furious Five Greatest Hits Album Cover

Speaking of DVD-Audio, Rhino Records will be releasing a DVD-audio disc of Grandmaster Flash and the Furious Five’s Greatest Hits. It should be available on 9.25.2004. Also available at that time will be the Best of the Sugar Hill Gang. Big Hank holding it down!

de minimis (Sampling May Violate Copyright Law) 0

Someone sent us a link to a discussion about an article that describes a recent court ruling which could potentially affect producers that utilize samples of recorded music. Excerpt:

“NASHVILLE, Tenn. - A federal appeals court ruled Tuesday that rap artists should pay for every musical sample included in their work — even minor, unrecognizable snippets of music…Lower courts had already ruled that artists must pay when they sample another artists’ work. But it has been legal to use musical snippets — a note here, a chord there — as long as it wasn’t identifiable.”

Although this decision does not alter copyright law, the opinion challenges the idea that the de minimis argument can be enforced if the defendant admits to sampling a copyrighted work. In this case Master P’s lawyers argued that the sample used in NWA’s “100 Miles and Runnin” was so minor and unrecognizable that “…no reasonable juror, even one familiar with the works of George Clinton, would recognize the source of the sample without having been told of its source.” The district court agreed and granted summary judgement. But the lawyers of the plaintiffs argued that because No Limit did not deny the riff was sampled that they were liable under copyright law.

“…The heart of Westbound’s arguments is the claim that no substantial similarity or de minimis inquiry should be undertaken at all when the defendant has not disputed that it digitally sampled a copyrighted sound recording.”

The appeals court agreed with the argument and sent the case back to the lower court. So what does this mean for Master P? He might have to reach in his pocket and let go of some petty cash. And what does this mean for Indie-type diggers searching for that perfect break? Probably not much. Most producers nowadays feel better the more obscure the sample is anyway and the chances of an interested party finding a copy of the 1000 that were pressed is unlikely.

Update [09.09.04]- Couldn’t resist posting activists Professor Lessig’s comments about the ruling.

“Sampling, we’re told, is piracy. But be certain to see the 19 footnotes in this relatively brief opinion, or the 28 separate quotes the opinion includes from other peoples work. I assume the court got a license for those.
Now that’s not quite fair. The court’s decision turns upon its “literal” reading of the sound recording statute. The sound recording statute has no de minimis exceptions, the court held. So while you are free to copy three notes from a musical composition, you can’t copy the same three notes from a recording. So copying (so long as de minimis) is fine; cut & paste is not. It is a “bright-line” rule the Court has crafted: Ask permission first. (And don’t worry, they might have added. It’s simple.) So once again: life in the analog world is freer than life in the digital world. You can do it, just don’t use technology to do it — unless, of course, your lawyer has spoken to their lawyer.”

Update [09.09.04]- Excerpt from court opinion provides further insight into arguments from both sides:

“Why is there no de minimis taking or why should substantial similarity not enter the equation.(10) Our first answer to this question is what we have earlier indicated. We think this result is dictated by the applicable statute. Second, even when a small part of a sound recording is sampled, the part taken is something of value.(11) No further proof of that is necessary than the fact that the producer of the record or the artist on the record intentionally sampled because it would (1) save costs, or (2) add something to the new recording, or (3) both. For the sound recording copyright holder, it is not the “song” but the sounds that are fixed in the medium of his choice. When those sounds are sampled they are taken directly from that fixed medium. It is a physical taking rather than an intellectual one.

This case also illustrates the kind of mental, musicological, and technological gymnastics that would have to be employed if one were to adopt a de minimis or substantial similarity analysis. The district judge did an excellent job of navigating these troubled waters, but not without dint of great effort. When one considers that he has 800 other cases all involving different samples from different songs, the value of a principled bright-line rule becomes apparent. We would want to emphasize, however, that considerations of judicial economy are not what drives this opinion. If any consideration of economy is involved it is that of the music industry. As this case and other companion cases make clear, it would appear to be cheaper to license than to litigate.(12)

Since our holding arguably sets forth a new rule, several other observations are in order. First, although we followed no existing judicial precedent, we did not pull this interpretation out of thin air.(13) Several law review and text writers, some of whom have been referenced in this opinion, have suggested that this is the proper interpretation of the copyright statute as it pertains to sound recordings.(14) Since digital sampling has become so commonplace and rap music has become such a significant part of the record industry, it is not surprising that there are probably a hundred articles dealing with sampling and its ramifications. It is also not surprising that the viewpoint expressed in a number of these articles appears driven by whose ox is
being gored. As is so often the case, where one stands depends on where one sits. For example, the sound recording copyright holders favor this interpretation as do the studio musicians and their labor organization. On the other hand, many of the hip hop artists may view this rule as stifling creativity. The record companies and performing artists are not all of one mind, however, since in many instances, today’s sampler is tomorrow’s samplee. The incidence of “live and let live” has been relatively high, which explains why so many instances of sampling go unprotested and why so many sampling controversies have been settled.

Second, to pursue further the subject of stifling creativity, many artists and record companies have sought licenses as a matter of course.(15) Since there is no record of those instances of sampling that either go unnoticed or are ignored, one cannot come up with precise figures, but it is clear that a significant number of persons and companies have elected to go the licensing route. Also there is a large body of pre-1971 sound recordings that is not protected and is up for grabs as far as sampling is concerned. Additionally, just as many artists and companies choose to sample and take their chances, it is likely that will continue to be the case.

Third, the record industry, including the recording artists, has the ability and know-how to work out guidelines, including a fixed schedule of license fees, if they so
choose.

Fourth, we realize we are announcing a new rule and because it is new, it should not play any role in the assessment of concepts such as “willful” or “intentional” in cases that are currently before the courts or had their genesis before this decision was
announced.

Finally, and unfortunately, there is no Rosetta stone for the interpretation of the copyright statute. We have taken a “literal reading” approach. The legislative history is of little help because digital sampling wasn’t being done in 1971. If this is not what Congress intended or is not what they would intend now, it is easy enough for the record industry, as they have done in the past, to go back to Congress for a clarification or change in the law. This is the best place for the change to be made, rather than in the courts, because as this case demonstrates, the court is never aware of much more than the tip of the iceberg. To properly sort out this type of problem with its complex technical and business overtones, one needs the type of investigative resources as well as the ability to hold hearings that is possessed by Congress.

These conclusions require us to reverse the entry of summary judgment on Westbound’s claims against No Limit Films.”

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