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The Real Jaguar
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UR Contacts the Underground
Recently, UR (Underground Resistance) has enjoyed the success of the track, "Knights of the Jaguar" by DJ Rolando. Recognizing that UR (Mad Mike, in particular) would be unwilling to license the track, Sony bypassed even making a request and has decided to release a "cover" version titled "Jaguar." Unconfirmed reports even indicate that promotional information on the records imply that it is a UR release. Cover versions traditionally have been done by fans of the original track as an homage to the original. In this case, it is being done as a method of undercutting the sales of the original.
While this is an unethical and unprincipled act in and of itself, it is also a very dangerous act. In doing this, a major label, Sony, has determined that it has the right to stomp all over an independent label in its pursuit of profits. With this as a precedent, the question that should concern any and everybody in the music community is who will be next? It is imperative that Sony be held accountable for its actions. We are currently looking into whatever legal options we have as well as any other means to put an end to this. We urge all concerned individuals to flood Sony's offices worldwide with calls, emails, and faxes expressing those concerns. This kind of crap has to stop and it has to stop now.
Anyone with any ideas, comments, addresses, or suggestions, please let me know. Some basic info follows. Any media folks, contact me privately. If anything could get Mad Mike out in the open, well...contact me.
Peace,
This is the original irritant, the place where this started. Feel free to...contact them.
Sony Music Entertainment (Germany) GmbH
The following are also involved in this in that the track is available in the UK and New York. Feel free to let folks know how you feel.
Sony
General Comments: Sony Music Online
Sony of Canada Ltd.
Related Articles and Correspondence:
UR Expresses Their Disgust With Sony
Dirk,
You state that direct words from us would've avoided damage to both sides. You have already established yourself to be either very deceived, or very deceptive. The damage on this side was caused by you, a representative of Sony Germany. You have caused confusion with customers, retailers, DJ's and other fans by leading them to believe that your admittedly inferior "cover" was in some way a sanctioned license from UR. From the drug references to the lack of musicianship displayed, you have done damage to UR's reputation as a label and a group dedicated to raising the standards of not only techno, but electronic dance music in general. You state that "people who have bought UR records will still buy UR records." Not if they believe that we condone this.
We have been working overtime to stop the damage you have caused and to prevent you from causing more. At the end of the millennium when we should be able to focus on the creating a better future, you have given us, and others, cause for extreme concern. You state that you are safe legally. Perhaps you are saying that it is legal to abuse creative individuals and deceive the public in Germany. In case you were unaware, Sony is a very large company that has offices in many cities across the United States. Any company doing business in the US has to respect certain US laws and regulations. In the US, while it is legal to release a cover version of a track, you must first obtain a mechanical license. The holder of the mechanical rights then negotiates a rate that they will be paid. If this is refused, it may still be possible to obtain one from an agency that handles this such as Harry Fox. Without such a license, you are in violation of copyright. You have no such license. You are also in violation of the United States Code, Title 17, Chapter 1, Section 107 regarding fair use. That is just the beginning. You should be aware of this if you are truly a representative of one of the largest recording companies in the world.
You have revealed Discomania to be a cover for your deceptive practices. How many other independents have mistakenly thought that they were licensing a track to another independent while in reality they were giving their music away to a major corporation for nothing? I would not doubt that you have done this in the past. Discomania will remain in our mind as the proverbial "snake in the grass."
You claim to understand why UR does not deal with majors, yet you seem to go out of your way to validate our concerns. Every horrible stereotype, every bad business practice, has been verified by you. Every carefree and uninformed comment you make proves how corrupt and misguided your company can be. You have extreme nerve questioning our attitude towards the majors, given your dishonorable behavior.
What is even more amazing is that a company like Sony, with all the resources you have, must stoop to the level of snatching an independent's music and undercutting their success rather than developing your own artists. If you truly cared for the music that you claim to love, you would be spending your resources on trying to create bridges between the independents and majors, rather than burning them down.
You act as if you truly want peace between Sony and UR. You act as if you've tried to communicate with us. You lie. It was only AFTER fans and supporters who knew the truth contacted you. THEN you thought to send us an email/fax. To make matters worse, you lie when you say that you were unaware of a relationship between UR and Submerge (our source distributor). There are phone numbers on UR records. If you had one without a number, you could've asked the record shop where you bought the original. If you contend that you are not lying, then you are admitting that you were too lazy to do the most basic work. Likewise with your second response. It came due to the efforts of many others who have no connection with Sony. We are not deceived. We know that you had no intention of dealing with us directly.
You say you will not work any further on the Jaguar cover. What do you mean?
UR is not happy. You have not given us any reason to be happy. You stomp all over the hive and argue when you get stung. You burn the bridge and then say, "I won't do that again." You smack us in the face and then say, "We wish you good luck." You must think we are crazy.
We desire closure much more than you do, but this is not it.
Sincerely,
Related Articles and Correspondence:
The Thieves Have Moved to BMG
Folks, things are not what they seem. Then again, they are. Dirk commented about other folks coming to "milk the cashcow" or some other crap like that. He wasn't joking. He was telling us about how he would set us up. This is all rumor, so I'll need a minute to get this all straight, but the word is that the two individuals responsible for the "creation" of this rip off track are now moving from Sony to BMG. I don't think I have to tell you the odds for BMG putting this track on the guys' debut release as a "legitimate cover". His response was meant to give the impression they were backing down so that folks would ease up on them. Media would say, "hey, it's over, no need to write about this," angry fans would rejoice and stop bothering them, and so on. Many of you went for it. Many did not. Bottom line is, this is not over. I'm preparing a more direct statement to Dreyer and others, but Sony has made their intentions clear by being absolutely silent. Even "allies" at Sony Japan are now refusing to communicate with us. Whatever hope of any positive outcome with Sony has been destroyed. They're fucking laughing at us. I don't think it's very funny.
Again, I'm looking for confirmation on the details. I am in need of people in Germany (especially Koln and Berlin) who could look into the identities of the duo who are reported to be responsible for the track. My source may or may not be accurate on their identities and I do not want to attack any innocent bystanders. Any and all assistance is appreciated.
Not having much peace, Cornelius
Related Articles and Correspondence:
UR's Official Response to BMG
From: Cornelius Harris
My name is Cornelius Harris and I am the Underground Resistance "spokesperson." It is my understanding that you've received several emails concerning the situation with Underground Resistance and the track, "Jaguar," and our issue with it. I was forwarded one with your response which was:
UR has the respect and admiration of many due to its committment to quality and principle, as well as its excellent catalogue of music. We are well aware that our success is due to these very fans who spend their hard earned money on our music. That being said, I am not surprised that some have contacted you and others at BMG. In fact, I urged many who were upset to contact individuals at BMG and Sony to express their anger, to make people aware of how much the actions of Sony Germany, and now BMG, disturbed them. You say that "harrassment undermines" our credibility, yet no one from BMG has ever contacted us about this record. Were you unaware of the controversy surrounding the track? If so, once you were made aware (by whatever means), wouldn't it make sense to try to get to the bottom of this and contact us?
I have never advocated the harrassment of individuals. I simply believe that upset consumers have the right, and, if they feel strongly, are morally obligated to speak out to members of the offending company. Given the lack of communication, yes there were going to be random emails sent out, in search of a response. You are not alone. Everyone in UR as well as everyone connected with Submerge (UR's source distributor) has been receiving emails concerning this. The messages have been forwarded to the proper individuals and answered. For us not to respond would be extremely negligent. What you must understand, as we do, is that the emails are from fans and music lovers who are doing their best to make themselves heard. Whatever frustration or anger that comes from this should not be directed at them, but at individuals such as Dirk Dreyer who initiated this controversy.
I will be contacting KT. Hopefully our communication will be more substantial than what has taken place in the past with Sony. If you would like to contact me you can by email, or you can leave a message at Submerge
Sincerely,
Related Articles and Correspondence:
Harris Contacted by BMG's Clive Rich
From: Cornelius Harris
Well, I haven't heard from you yet, so I've got to assume the worst. Nevertheless, here's what you were looking for...
I deleted the recipient of this message because I think it's irrelevant to our discussion. The fact is, this is an admission on the part of BMG to picking up this track. While Rich seems oblivious to Sony's involvement, given the number of emails he has received and the amount of press forthcoming, I can't imagine this is still the case.
Thank you
Yours sincerely,
While I do have hopes that this will eventually become resolved in a decent manner, I also have to stress that until it *is* resolved, we will continue to speak out against Sony and BMG's actions as well as follow through on whatever legal avenues we have open.
You might also want to be aware, last week at MIDEM members of UR attempted to speak with Dirk Dreyer. Several DJs and producers (with no connection to UR) attempted to convince Dreyer that a meeting with UR might begin some sort of resolution of this issue. Dreyer made it a point to run when approached. This kind of behavior is what has characterized our relationship with Sony Germany from the very beginning, which, unfortunately, has colored our relationship with BMG. I am praying that a more principled response from BMG will cause me to rethink my position.
Peace,
Related Articles and Correspondence:
Harris & BMG's Clemon Williams Converse
From: Cornelius Harris
Folks, I just cc'ed you all some ocrrespondence between myself and Williams of BMG. We spoke on the phone this morning and he basically had the position of "we don't know what the hell is going on." He then, after I explained, countered with, "Why would we put out a track that Sony already had out?" and "You mean to say we put out the same track with the same format in the same markets??!? You can't be serious."
So I provided him with the one email so that he could have the name of just one BMGer who basically admits to this. He told me he'd call this afternoon, but, surprise! he didn't. Many folks like to think that talking means that there's a period of "peace" while people scramble to come up with an counterattack. Hell no. I say, slam these guys 'till the cows come home.
Now folks may want to call me paranoid, but I figure BMG has folks in this very email group, passing along whatever we comment on back to the honchos there. So the hell what. I ain't got no secrets. I consider myself to be a very respectful individual EXCEPT when I think someone's giving me some disrespect. Just because I can speak calmly to you does NOT mean I'm your friend. A cool conversation with you does NOT mean I think for a second you have any respect for me.
I have some real uncomfortable feelings about all this. I haven't been wrong yet.
Sincerely,
Related Articles and Correspondence:
Renegade Rhythms is not affiliated with UR, Submerge, or 430 West. We are concerned consumers, djs & producers who are attempting to further information about this issue.
Please feel free to email Sony & BMG to voice your opinion.
Sign the petition at http://mycal.net/ifj/.
December 1999
Cornelius Harris
Underground Resistance
New Media/Business Affairs
Stephanstr. 15
60313 Frankfurt
Telefon: (069) 13888-0
dirk_dreyer@de.sonymusic.com
666 Fifth Ave
New York, New York 10019
212-833-8000
Head Office:
115 Gordon Baker Road
Toronto, Ontario
M2H 3R6
Main Telephone: (416) 499-1414
Main Fax: (416) 497-1774
General Inquiry e-mail: Feedback Sony
Terrence Parker's Two Cents | Sony Recalls Fake Jaguar | UR Has Been Ripped Off
December 18, 1999
Are you saying that you will simply stop your plans for the CD and will not include the track on compilations?
Are you saying that you will have this embarrassing "cover" pulled from record shops and distributors?
Are you saying that you will destroy the plates or have them sent to us to destroy?
And are you saying that we should be grateful for you putting us through all this stress?
Or that we should be thankful because you are implying that you will not complete your plans?
You admit that, "in this case Sony can be reproached for picking up someone elses idea for profit reasons without taking care of the attitude of the inventor." So you know good and well what you are doing. You claim that the other major labels are as unethical and corrupt as Sony Germany. You say, "hey, if it wasn't me, it would be someone else." That is weak. We are more concerned about the violations which have taken place than your jealous fantasies.
Cornelius Harris
UR
Sony's Deception | Sony Recalls Fake Jaguar | Terrence Parker's Two Cents
January 10, 2000
BMG Releases Fake Jaguar | Agent Drew on BMG and BPI | BMG Response: "You Don't Understand!" | Sony's Deception
January 23, 2000
I have not ignored your correspondance. I'd suggest you contact either Richard or Thomas Stein. My office can give you their contact information. My assistant is KT, and she can be reached at 212 930 4028. Your harrassing of our senior corporate executives, however, is not the right way to gain our attention. We conduct our business with integrity and in accordance with laws and contracts. We will happily give you a fair hearing. Harrassment undermines your case and credibility. I wish you the best.
I want to make it very clear that UR conducts its business with integrity and in accordance to whatever laws we may have access to. However, this has not taken place in the case of the "Jaguar" track. We were treated with a great deal of disrespect by Sony Germany, and were made aware that they had no intentions on dealing with us in a legitimate manner. While we are looking to deal with this on a legal level, we are also aware of the practice of "outspending" a company, appealing a case to the point where the smaller company is forced to back down not due to being wrong, but due to lack of finance. Rather than sit at home and moan about what had taken place, we took the issue to the same people Dirk Dreyer took his alleged "remake"--the music loving public.
Sincerely,
Strauss Zelnick
313-963-1025.
Cornelius Harris
430 West Records Press Release | DJ Bliss Demands a BMG Recall | Wirestation Reporter Discovers BMG Coverup
January 27, 2000
From: Clive Rich
Date: Thu, 27 Jan 2000 12:08:27 +0100
Cc: richard.griffith-@bmg.co.uk
Subject: RE: Jaguar
Richard Griffiths has passed your note to me. I have contacted BMG Ariola Muenchen about this. They maintain that they released a cover of "Jaguar" in the form of a maxi-single which they licensed legitimately from a label in Cologne, which had in turn licensed it from a Frankfurt DJ. If you think you have any legal claims against BMG Ariola Muenchen in connection with their release of the single, could I suggest that you contact Wolfgang Deubzer. He is the lawyer at BMG Ariola Muenchen and his details are;
Tel; 0049 49 4136 438
Fax 0049 89 4136 108
Cornelius Harris
Wirestation Reporter Discovers BMG Coverup | BMG Revels Fake Jaguar | BMG CEO, Zelnick, Responds to DJ Bliss
January 30, 2000
The Itch That Won't Be Scratched
Simon From the Wirestation Discovers a BMG Coverup | BMG Releases Fake Jaguar | DJ Bliss Responds to BMG CEO
Please do not purchase this record from any large commercial chain store. These stores have never supported this type of music and only do so now so in order to appear cool and current. If you decide to buy this record please only purchase it from a knowleageble speciality shop or a local Mom & Pop store or smaller business that have supported the music from its inception. Super chain stores have never had the time or focus to search out cutting edge underground music! They can only react once the speciality shops and underground labels have created a market for the music, then all of a sudden they and the major music labels start wanting the music because they know they can overpower the small labels and work their nework of retailers that made this music possible with their massive advertising campaigns and prefab artists, that do weak imitations of what the music realy is. And worst, it's 10 or 12 years late. We have two questions for you:
Support your local retailers and speciality shops. Out - UR"
