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Culture

by Mike Masnick

Fri, May 15th 2009 12:27pm




Filed Under:
blank cd-r, copyright, danger mouse, legal fight, music

Companies:
emi


New Danger Mouse CD Released As A Blank CD-R Due To Legal Fight With EMI

from the now-that's-creative dept

If you follow copyright issues, you're no doubt aware of Danger Mouse. He's the DJ who got quite a lot of attention a few years back for creating one of the very first mainstream mashups -- mixing the Beatle's The White Album with Jay-Z's The Black Album to create the rather unique The Grey Album. Of course, one of the main reasons why the album became so well known was because EMI sent cease-and-desist letters to everyone who posted copies of the album, and then to anyone who posted that they were going to participate in the "Grey Tuesday" protest. The whole thing seemed pretty silly. It's not as if anyone listening to The Grey Album would find it a substitute for either of the other albums.

Since then, of course, DJ Danger Mouse has gone on to even more mainstream success with his Gnarls Barkley project, a collaboration between Danger Mouse and Cee-Lo Green. However, it looks like DJ Danger Mouse has another album that he's been working on, in association with Mark Linkous (of Sparklehorse). Yet, due to ongoing legal troubles with EMI, he can't actually release the music. So he's come up with a rather creative solution. Found via Andrew Dubber, the news is that the next album will be released as album artwork with a blank recordable CD.

Yes, a blank CD-R.

There is no music on it. Because if there were music on it, it would get him in more trouble with EMI. Yet, if you have that blank CD and all the artwork, you certainly could (not that they're suggesting you do...) find that music elsewhere and burn it to the CD. The statement from Danger Mouse reads:
Danger Mouse's new project Dark Night Of The Soul consists of an album length piece of music by Danger Mouse, Sparklehorse and a host of guest vocalists, along with a collection of original David Lynch photography inspired by and based on the music.

The photographs, which provide a visual narrative for the music, are compiled in a limited edition, hand numbered 100+ page book which will now come with a blank, recordable CD-R. All copies will be clearly labeled: 'For Legal Reasons, enclosed CD-R contains no music. Use it as you will.'

Due to an ongoing dispute with EMI, Danger Mouse is unable to release the recorded music for Dark Night Of The Soul without fear of being sued by EMI.

Danger Mouse remains hugely proud of Dark Night Of The Soul and hopes that people lucky enough to hear the music, by whatever means, are as excited by it as he is.
In some ways, this is reminiscent of what the band Green Day did many years ago, offering up blank CDs with artwork for fans who had downloaded the music from unauthorized sources. Yet, in this case, it's even more interesting since there are no authorized sources at all for the music. It'll be fun to see how EMI reacts. Update: Meanwhile, the folks at NPR alert us to the fact that they're hosting a streaming version of the album for anyone who wants to hear it.

47 Comments | Leave a Comment

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  1.  
    identicon
    R. Miles, May 15th, 2009 @ 12:42pm

    I can see EMI's response now.

    "By providing the blank CD-R, 'DJ Danger Mouse' has perpetuated copyright infringement by telling people 'Do with it as you wish'.

    This action appears to mock our previous attempt of protecting the original artists' rights. We have no choice but to use legal recourse for an injunction to cease immediate distribution of the blank media."

    Personally, I think a blank flash drive would have been better. Who the hell uses CDs anymore?

    Good luck, Danger Mouse. You can bet EMI's going to get their panties in a bunch over this one.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Tgeigs, May 15th, 2009 @ 12:48pm

    This looks like good ol' fashioned civil disobedience to me. It'll be interesting to see the blustering response.

     

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  3.  
    identicon
    Just Another Moron in a Hurry, May 15th, 2009 @ 12:53pm

    Cash In Hand

    Where can I buy this CD?

    And did anyone else notice that CD is also the initials for Civil Disobedience?

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Chronno S. Trigger, May 15th, 2009 @ 1:03pm

    Re: Cash In Hand

    I was looking for the same thing. The album comes out Summer 2009.

     

    [ reply to this | link to this | view in thread ]

  5.  
    identicon
    Tgeigs, May 15th, 2009 @ 1:05pm

    I am so going to rip that CD and put it up on filesharing sites. Imagine the DL time on the entire album...

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    Ima Fish, May 15th, 2009 @ 1:07pm

    I'll wait and buy it when I can find a cheap used copy.

     

    [ reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, May 15th, 2009 @ 1:33pm

    Cease & Desist

    Those cease & desist letters worked a treat, it only took me 10 seconds to find songs from the Grey Album on youtube.

    I'm going to buy this blank CD-R as a protest against EMI.

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, May 15th, 2009 @ 1:47pm

    Re:

    Ok, maybe I missed the sarcasm, but why would you by a used CD-R??? Oh wait a minute, you mean after someone else has burned the music on to it for you. Ok, now I get it. Good plan, assuming anyone is willing to give up their copy.

     

    [ reply to this | link to this | view in thread ]

  9.  
    identicon
    Sanketsu, May 15th, 2009 @ 2:07pm

    Awesome, now I've got something to blow $50 bucks on. *^_^*

     

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  10.  
    identicon
    Cecil Green, May 15th, 2009 @ 2:07pm

    pretty awesome.

    the booklet of david lynch photos makes it well worth the price. great idea.

     

    [ reply to this | link to this | view in thread ]

  11.  
    identicon
    hegemon13, May 15th, 2009 @ 2:16pm

    Inducement

    My guess is, EMI will go after a charge of "inducing" copyright, a la Grokster.

     

    [ reply to this | link to this | view in thread ]

  12.  
    identicon
    The Truth Beacon, May 15th, 2009 @ 3:07pm

    Re: Re:

    "Ok, maybe I missed the sarcasm, but why would you by a used CD-R??? Oh wait a minute, you mean after someone else has burned the music on to it for you. Ok, now I get it. Good plan, assuming anyone is willing to give up their copy."

    You idiot... It's a joke that you are obviously too stupid to get... Read it again a few times, and you will realize that he's treating it just as a normal album which he has little interest in other than the political statement...

     

    [ reply to this | link to this | view in thread ]

  13.  
    identicon
    Anonymous Coward, May 15th, 2009 @ 3:57pm

    emi will irradiate or damage the disk on the way out the door.

     

    [ reply to this | link to this | view in thread ]

  14.  
    identicon
    anonymous, May 15th, 2009 @ 4:09pm

    Re: Cash In Hand

    ssshhh, dont tell anybody

    http://www.filedropper.com/darknightofthesoul2009

     

    [ reply to this | link to this | view in thread ]

  15.  
    icon
    Peet McKimmie (profile), May 15th, 2009 @ 4:38pm

    Oh, *DJ* Danger Mouse...

    I jumped at this story because I thought it was about "Danger Mouse", the much-beloved UK cartoon character from the 1980s voiced by national treasure David "Del Boy" Jason.

    Please be more accurate with your titles in future.

     

    [ reply to this | link to this | view in thread ]

  16.  
    identicon
    Xanius, May 15th, 2009 @ 4:44pm

    Re: Oh, *DJ* Danger Mouse...

    Same with me. Should definitely have said DJ danger mouse, I wouldn't have cared as much and been let down by that.

     

    [ reply to this | link to this | view in thread ]

  17.  
    identicon
    Sirknz, May 15th, 2009 @ 5:33pm

    Re: Re: Oh, *DJ* Danger Mouse...

    He's the greatest, he's fantastic, whenever there is danger he'll be there!

     

    [ reply to this | link to this | view in thread ]

  18.  
    identicon
    Mike, May 16th, 2009 @ 6:45am

    LOL! Gotta love it!

    What a wonderfully creative way to stick it to EMI. And to the litigious folks at EMI, let me just say, "Good luck with trying to litigate over this- you're gonna need it."

    Mike
    http://thedeathpsychic.com

     

    [ reply to this | link to this | view in thread ]

  19.  
    identicon
    Mike, May 16th, 2009 @ 6:47am

    LOL! Gotta love it!

    What a wonderfully creative way to stick it to EMI. And to the litigious folks at EMI, let me just say, "Good luck with trying to litigate over this- you're gonna need it."

    Mike
    The Death Psychic

     

    [ reply to this | link to this | view in thread ]

  20.  
    identicon
    any, May 16th, 2009 @ 7:57am

    Re: DL time

    anywhere between 2 minutes and 29 hours?

     

    [ reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, May 16th, 2009 @ 8:53am

    Re: Oh, *DJ* Danger Mouse...

    Crikey

     

    [ reply to this | link to this | view in thread ]

  22.  
    identicon
    Brian, May 16th, 2009 @ 10:22am

    Re:

    Umm, the download time on an entire album wouldn't be long at all. Perhaps 5 minutes. This isn't 1995.

     

    [ reply to this | link to this | view in thread ]

  23.  
    identicon
    Melvin, May 16th, 2009 @ 11:18am

    the sexpistols wrote a song about emi i think..

     

    [ reply to this | link to this | view in thread ]

  24.  
    identicon
    Jim, May 16th, 2009 @ 12:03pm

    blank CD-R

    I want blank CD-R

     

    [ reply to this | link to this | view in thread ]

  25.  
    identicon
    John, May 16th, 2009 @ 3:11pm

    Re: I can see EMI's response now.

    Who the hell can plug a flash drive into their car.

     

    [ reply to this | link to this | view in thread ]

  26.  
    identicon
    Dresden Black, May 16th, 2009 @ 3:40pm

    Re: Cash In Hand

    "And did anyone else notice that CD is also the initials for Civil Disobedience?"
    I might instead suggest that 'CD-R' could stand for 'Cease & Desist - Refused!'

     

    [ reply to this | link to this | view in thread ]

  27.  
    identicon
    Orgillian, May 16th, 2009 @ 3:45pm

    Don't think 160kps mp3s are CD/album quality

    Nice strategy but he'd best be giving it away losslessly somewhere for it to mean as much...

     

    [ reply to this | link to this | view in thread ]

  28.  
    identicon
    Oxidd, May 17th, 2009 @ 6:33am

    Re: Re: I can see EMI's response now.

    Uh I can... my cd player in my car has a usb port. USB Key, portable harddrive (wd mypassport), they all work.

     

    [ reply to this | link to this | view in thread ]

  29.  
    identicon
    es, May 17th, 2009 @ 8:21am

    Re: Cash In Hand

    also cease and desist

     

    [ reply to this | link to this | view in thread ]

  30.  
    identicon
    Arne, May 17th, 2009 @ 8:26am

    Re: in their car

    A lot of people actually, many car stereos now have USB input to do exactly that.

     

    [ reply to this | link to this | view in thread ]

  31.  
    identicon
    Pete, May 17th, 2009 @ 10:59am

    Re: Oh, *DJ* Danger Mouse...

    Me too! Unfortunately, its just another irrelevant moron who can't write an original piece of music to save his life.

     

    [ reply to this | link to this | view in thread ]

  32.  
    icon
    Jared (profile), May 17th, 2009 @ 1:10pm

    Re: Re: I can see EMI's response now.

    I can. I have a USB port on my head unit and I have a 16 gig thumb drive full of .mp3s I listen to. In my car.

     

    [ reply to this | link to this | view in thread ]

  33.  
    identicon
    Hugh Brown, May 17th, 2009 @ 6:03pm

    Interesting AND subversive ....

    Love it!

    Keep up the revolution, boys!

     

    [ reply to this | link to this | view in thread ]

  34.  
    identicon
    neal, May 19th, 2009 @ 12:01am

    He'll never get away with it

    I hope he gets sued by the estate of John Cage

     

    [ reply to this | link to this | view in thread ]

  35.  
    identicon
    will pomroy, May 19th, 2009 @ 3:53pm

    Re: Oh, *DJ* Danger Mouse...

    why bother posting a response you twat?

     

    [ reply to this | link to this | view in thread ]

  38.  
    identicon
    Other John, May 21st, 2009 @ 3:36pm

    Re: Re: I can see EMI's response now.

    Um. I can :-)

     

    [ reply to this | link to this | view in thread ]

  39.  
    identicon
    Steven, May 21st, 2009 @ 10:58pm

    Re: Re: Re: I can see EMI's response now.

    I can actually plug a flash drive into my car

     

    [ reply to this | link to this | view in thread ]

  40.  
    identicon
    IanK, May 25th, 2009 @ 12:45pm

    Re: Re: Oh, *DJ* Danger Mouse...

    How about jazz, or pop, or nearly ANY music created in the past 20 years? Music has ALWAYS been about taking what has come before and turning it on its head. I dare ANY "musician" out there to attempt to create something akin to what Danger Mouse does. To dismiss it shows more about the listeners prejudiced views of what music is thanthe skill that created it. Taking different musical elements, combining them into a new form takes just as much skill as playing scales on the piano. I've played guitar for almost 20 years, I also have recoreded bands and runa project studio and I can tell you that I have heard more talent in the electronic/mash-up/remix scene than in the hundreds of pop/rock acts that come across my desk. Sorry Pete, but YOU are the irrelevant moron here.

     

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  41.  
    identicon
    dave, May 28th, 2009 @ 4:20pm

    Jeez...this writer sucks. Really badly written. "posted copies of the album" Where??? Online????? say it then!!!!

     

    [ reply to this | link to this | view in thread ]

  42.  
    icon
    Mike Masnick (profile), May 28th, 2009 @ 5:20pm

    Re:

    Sorry to have not lived up to your standards. But it's rather amusing that someone would complain about the writing choices of another when choosing multiple punctuation marks.

     

    [ reply to this | link to this | view in thread ]

  43.  
    identicon
    Touray, May 30th, 2009 @ 6:37am

    Re: Re:ha

    ha haa, he didnt think you actually read these.

     

    [ reply to this | link to this | view in thread ]

  44.  
    identicon
    steve, Jun 17th, 2009 @ 6:02pm

    bought it allready

    i bought the "album" and then proceeded to torrent the album.. its quite good!

    danger mouse should be proud!

     

    [ reply to this | link to this | view in thread ]

  45.  
    identicon
    Jon Ostrow, Jul 1st, 2009 @ 11:45am

    Good Idea... But Takes Away From The Music

    I like the message that Danger Mouse is trying to send to all of the major record labels, and I think it is about time artists start truly standing up to the labels. But, I think that this 'protest' may be a little too powerful. The music that Danger Mouse has created for this album is now going to just represent a 'protest', which I can imagine was not the original intent for the music. Its just too bad that it came to this, because the music of Danger Mouse will be lost in this process of this all.

    That being said, I praise Danger Mouse for standing up to the labels and making the voice of the artist heard. Well Done!

     

    [ reply to this | link to this | view in thread ]

  46.  
    identicon
    etot, Jan 16th, 2010 @ 10:42am

    شكرااااااااااااااااااااااااااااا

     

    [ reply to this | link to this | view in thread ]

  47.  
    identicon

    Brilliant!

    I love Danger Mouse's resourceful and creative approach to counteracting the major record labels.

     

    [ reply to this | link to this | view in thread ]


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