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 UrbanPs. 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.
