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June 4, 2009

Santogold Gets The Grey Album Treatment, Which In Turn Gets The Label-Shut-Down Treatment

thubmnail icon: Santogold Gets The Grey Album Treatment, Which In Turn Gets The Label-Shut-Down Treatment

Like they always say, "Those who do not know the past are doomed to remix it." (Nobody says that.) Here's the story: DJ Terry Urban wants you to have a mixtape. For free. Downtown Records does not want you to have this mixtape. Despite (and probably because of) the fact it's free. It's called Southerngold. The cover plays on Santogold, with Lil Wayne where Santi would be and joint smoke in place of the glitter vomit. The music plays on Santogold too, in the sense that it samples, chops, and slices bits of that album to create a new blueprint, over which Urban's mixed some of his favorite Southern raps by everyone from Andre 3K and T.I. to Rick Ross and Young Jeezy. He didn't clear any of the source material, obvs. Now on the eve of distribution, Terry Urban got a C&D from Santi's Downtown Records. Sound familiar?

Obviously there are copyright issues involved; as Urban points out, also there's irony to Downtown's own biggest artist having cachet largely because of a very similar project. Here's Urban's unedited plea:

Via thepressplayshow.com:

As many of you know, I've been preparing to releasing an exciting mixtape this summer called Southerngold.

Basically, me mixing my favorite Southern rap vocals over remixed samples of my favorite Santigold influenced samples and tracks...

I may be biased, but to be honest, it turned out quite cool, as many of you who downloaded the teaser leak (f/ Chip Tha Ripper) can attest...

However, as I am about to release my mix on the internet tonight... literally, I am sitting at my desk in Brooklyn uploading the mix to YouSendIt.com... I get a cease and desist from lawyers at Santigold's label... Downtown Records...

Now, my friends on these internets, I ask you this: Why is this happening?

I'm not selling this... I'm not making a dime... I'm encouraging everyone to BUY Santigold's album... and I'm helping to expand her fan base to new markets... in addition, none of these songs are as they would appear on her actual album... EVERYTHING is remixed and redone... so there is no competition with her actual in-stores album (which is dope...go buy it... two copies!)

Is Downtown Records not aware of the influence deejay culture has made on Santi's career? All the deejays who have made homemade remixes and re-edits that have gotten play in clubs across the world? It's not like commercial radio was embracing her music when she dropped. It was the progressive deejay, the same deejays who make remixes and mashups and support avant-garde creative music!

It's ironic that Downtown Records biggest group was signed due to a project with similar ambitions... Gnarls Barkley's Danger Mouse with The Grey Album.

So... I ask you... what should I do?

And if you know Santi personally... can you ask her for me? Why is she shutting down the very deejays who will support her to the very end? Her first single was called "Creator" yet they shut down the very people who create?

I wonder if she is even aware of this bureaucracy behind this...

It's crazy... and I hope soon that the world can hear the project I created in honor of Santigold...

Sincerely,
Terry Urban

Ps. My friends... a parable for you on this evening: If Santigold truly wants Brooklyn To Go Hard, and I'm a Brooklyn resident trying to Go Hard... and she shuts it down, is Brooklyn, by default, not going hard?

Few would argue that EMI came out ahead for exerting such strict control over The Grey Album, but keep in mind how that situation is distinct from this: Danger Mouse was set to sell (as in, retail) The Grey Album before EMI (holding the Beatles' copyrights) stepped in. Urban isn't trying to make a penny here and Downtown is still all over it. What does Downtown stand to gain aside from bad press?

Well, there's the notion of unjust enrichment, which could be conceived as more than simply profits-from-sales: Urban stands to gain much by way of publicity, reputation, and myriad future prospects for significant earnings, all on the back of a copyrighted work to which he can lay no legal claim. In defense, Terry leans toward some "fair use" grounds, that he's reconfigured Santogold (i.e. "EVERYTHING is remixed and redone... so there is no competition with her actual in-stores album") to the point that is a new work, and therefore his to share legally. I haven't heard enough of the mix to know if there's any credence to that.

But that's not a legal plea, so much as an emotional one. Mostly, Urban's appealing to Santi and the Downtown execs' good senses; he wants Santi to do well and make all the money, he's not trying to make a dime, he's doing it for the love of the music, etc. Maybe Santi doesn't know anything about the project. As such, it's understandable that Downtown would adopt a posture of shutting down the release in order to protect its artist -- having a powerful party be custodian of your interests is part of why artists sign with labels in the first place -- so that she can take a listen and weigh in. Let's assume that's what it is.

The trick is to see what Downtown does next.

We can all understand Downtown jumping on this mix, just in case it somehow defiles, degrades, or perversely recontextualizes Santi's great debut LP. But in the case that it doesn't -- and everyone from Nah Right to EW.com seem to suggest that it's actually a pretty great and artistic listen -- let's hope the suits come to their senses and everyone gets to hear it in peace. That's not law talk. That's real talk.

It's out there already, anyway.

UPDATE: Santi's replied...

"Some kid just hit me up about this on MySpace. It was the first I ever heard about it. I've never heard anything about this DJ or this remix, and certainly did not send a cease and desist letter. I'm a supporter of mixtape culture and intend to get to the bottom of it."

As suspected, she had no idea, the label was looking out for her, and I'm sure whatever injunction Downtown placed on the mixtape will be lifted. Assuming, as some of you have, that this was a savvy move by Downtown to play "the bad guy" in order to bring even more attention and free publicity to Santi, the question is: Is there any such thing as bad publicity? Because sure they look like dicks, but Santigold could come out looking alright. And this mixtape none of you would have read about is now everywhere.

Posted at 6:17 PM by amrit
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30 Comments

i like how, by our trusty stereogum editors trying way too hard to appear witty, this post is way more confusing than it should be

Posted by: grover profile link at 06/04/09 6:32 PM  | Reply
Score = -11 Vote up Vote down

Relax, Grover.

I'm off to find it on bit torrents.

Posted by: Deezey profile link at 06/04/09 6:45 PM  | Reply
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i didnt have a problem understanding it, maybe its because ur a blue stuffed animal with a hand up ur ass

Posted by: j0shsm1th profile link at 06/04/09 7:26 PM  | Reply
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probably

Posted by: grover profile link  in reply to j0shsm1th's comment at 06/06/09 9:05 AM  | Reply
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If Santigold truly wants Brooklyn To Go Hard, and I'm a Brooklyn resident trying to Go Hard... and she shuts it down, is Brooklyn, by default, not going hard?

What?

Posted by: Leonardo at 06/04/09 7:52 PM  | Reply
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A lot of music business stuff never makes the papers even here in Nashville, go to catch the news, thanks

Posted by: Connie Smithson at 06/04/09 8:49 PM  | Reply
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Won't the record companies ever learn that by telling us that we can't have it we are all going to go out and get it by any means possible now, thus making their fight impossible. By them trying to fight the copyright angle it only amplifies their problem about 200 fold, whereas if it was just ignored sure there would be copyright infringement but not as widespread. It's all about money with them though and if they can make some, at any cost (even if it means furthering the infringement) they are going to do it.

Posted by: quartertonality profile link at 06/04/09 9:05 PM  | Reply
Score = 4 Vote up Vote down

they probably did this on purpose to get press for this. now everyone will download it to 'stick it to the man.'

Posted by: d  in reply to quartertonality's comment at 06/04/09 11:06 PM  | Reply
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Plus, the last line says it all "It's out there already anyway".

Posted by: quartertonality profile link at 06/04/09 9:07 PM  | Reply
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uhh isn't it sant-I-gold now?

Posted by: carolyn at 06/04/09 9:26 PM  | Reply
Score = -1 Vote up Vote down

I'm listening to this mixtape right now and it's just okay, if there wouldn't have been such a stink raised over this whole thing I probably wouldn't feel as let down. Downtown ruined my night (Downtown did not ruin my night).

Posted by: jacob666 profile link at 06/04/09 9:32 PM  | Reply
Score = -1 Vote up Vote down

"Nann Lady" is really good.

Posted by: jacob666 profile link  in reply to jacob666's comment at 06/04/09 9:40 PM  | Reply
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I agree with quarter. I wouldn't have even known about this release if it wasn't for the bad press from them preventing it.

Posted by: lceman16 profile link at 06/04/09 9:45 PM  | Reply
Score = 2 Vote up Vote down

Record labels are in the way of creativity instead of supporting it. It's good to see that more and more artists find a way around them. And this story was way too long. I didn't make it to the end.

My Music Blog: http://www.ronaldsays.com
My Music Twitter: http://twitter.com/ronaldsays

Posted by: RonaldSays profile link at 06/05/09 3:49 AM  | Reply
Score = -14 Vote up Vote down

DJ Terry Urban is terrible. It's no wonder Downtown Records tried to stop him.

Posted by: Mr_Blue_Angel_Dood profile link at 06/05/09 4:37 AM  | Reply
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Viva la Hova was great that Terry Urban made with Jay-z and Coldplay. Check out "No Love Coming Home".

Posted by: Casey  in reply to Mr_Blue_Angel_Dood's comment at 06/06/09 5:42 PM  | Reply
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umm .. did santogold/diplo clear all the tracks then for their top ranking mixtape then ?

Posted by: mark e at 06/05/09 5:33 AM  | Reply
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getting this just out of principle
proud owner of a one of those RETAIL Grey Albums

Posted by: J at 06/05/09 7:52 AM  | Reply
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This is a savvy fucking move on behalf of Downtown. It's a win-win for them. Somebody in that office knows they don't have a chance in hell to stop it and knows that trying to would garner buckets of free PR for Santi based on a minor release nobody would have noticed otherwise.

Posted by: Carlos at 06/05/09 8:33 AM  | Reply
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granted, i'm only two tracks in, but in terms of Santigold's songs so far, they are not remixed. just with raps over them. I don't know if anyone has mentioned this, but every mixtape I've listened to from Mick Boogie is just sorta weak.

Posted by: jon at 06/05/09 9:23 AM  | Reply
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Terry Urban did an awesome Jay-Z Coldplay mixtape that neither label bitched about. If Capitol and Universal can let this shit slide, why can't downtown? I really don't get it.

Posted by: Comehomenow profile link at 06/05/09 9:50 AM  | Reply
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Can people just give the whole Grey Album thing a rest? Old, old, old..and kids invent something new? Rap 'pellas over instrumentals or loops = YAWN, Unless they are really, really, really, really good...which I'm doubtful this is., but I'm ready to be surprised...if I find it online. Or can be bothered to.

Posted by: tim from Radio Clash at 06/05/09 10:50 AM  | Reply
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If you don't like Raps over instruments or loops, then what do you like them over? Spaghetti?

Posted by: Chris  in reply to tim from Radio Clash's comment at 06/05/09 11:00 AM  | Reply
Score = 14 Vote up Vote down

I went and got this just because of the controversy, but it really just isn't that good.

Big fan of the album artwork, though. So there's that, anyway.

Posted by: orange at 06/05/09 5:41 PM  | Reply
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I hadn't heard of this mixtape until right now. Now I want to hear it. Great work Downtown.

Posted by: This Music Sucks profile link at 06/06/09 3:07 PM  | Reply
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Unfortunately, even though Santigold supports the mixtape, she may ultimately have little say in the matter. In this case, the label would claim infringement on the copyright of the recording, which more often than not the label owns, not the actual artist. Santigold would own the rights to the actual songs, but the recording of those songs is a whole different thing. That's how labels, for instance, get away with releasing "best of" compilations without the band's consent, like EMI did with Radiohead.

Posted by: Brian at 06/08/09 2:45 AM  | Reply
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but the real question is, do you think mickey mouse could beat up superman..

Posted by: krilla profile link at 06/08/09 11:21 AM  | Reply
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I'm going to have a download this mixtape now and listen

Posted by: frozenaisle profile link at 06/10/09 11:44 PM  | Reply
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