From: neil.black@uttsbbs.uucp (Neil Black) 
Newsgroups: alt.music.alternative
Subject: CASEY KASEM WRITES!!!
Date: 12 Jan 93 08:55:00 GMT
Distribution: world
Organization: The Transfer Station BBS, Danville, CA - 510-837-4610/837-5591
Reply-To: neil.black@uttsbbs.uucp (Neil Black) 

A few weeks back, I sent a letter to Casey Kasem about the U2
Negativland thing and how I thought that he was being a weenie.  Well, I
received this letter from him (he even signed it--be still my heart!).
Here it is:

January 7, 1993

Dear Neil:

        The issue over NEGATIVLAND U2 isn't censorship.  It's about
THEFT and PIRACY.  Negativland DIDN'T OWN the written/recorded material
it put on the record--and that's against the law.
        Among other things, the Irish band U2's copyrighted material was
"sampled" electronically AND USED WITHOUT PERMISSION from its label,
Island Records, and the publisher, Warner/Chappell.  The result was then
marketed openly for Negativland's own gain, WITHOUT any copyright use
fee being paid to Island Records or Warner/Chappell.  You can't DO that
under the federal copyright law that protects artists and their original
written/recorded material.
        As for my part, I've never allowed the occasional cussing that
comes with normal frustration during work hours to end up on my
nationally--and even internationally--marketed shows.  I'm as human as
anyone else, but it's NOT my policy to use such language in the FINISHED
PRODUCT.  And, yes, I have it written into my contract as an added
safeguard.
        Apparently, some engineer, years ago, took some of my outtakes
and distributed them--without my permission.  Negativland used
them--AGAIN without my permission.  I have a sense of humor like anyone
else.  This parody's results are often funny.  But the point is:  the
material was used ILLEGALLY.
        Negativland never went through legal channels and never got
PERMISSION from Island Records, Warner/Chappell, U2, me or anyone else.
It just took what it wanted and tried to market the result for its own
gain.  Under the COURT'S PERMANENT INJUNCTION, the Negativland record
was pulled out of circulation and the band's label, SST Records, was
ordered to pay certain sums--in turn, suing the band to recover its
losses.  The permanent injunction currently remains in effect.  THAT'S
why it's still illegal for the band to try profiteering from the same
material, just to pay its debts and penalties.  That means they face
contempt-of-court charges and other penalties if they do it again.
        I'm all for free speech.  But the First Amendment is no excuse
for theft and copyright violation.  It's not a shield for greed,
arrogance and disregard for other people's rights.  I hope the band does
get itself out of its current plight--but legally.  And I hope fans such
as yourself will continue to support groups you admire--without
defending the wrong cause by mistake.
        Free speech--and theft for private gain--AREN'T synonymous--nor
should they be.  Thanks for airing your concern.  Yours truly, Casey
Kasem.
                                
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