OREGON MUSIC / OCTOBER 2002 photo Buko Page 2 - TWO LOUIES, October 2002 TWO LOUIES, October 2002 - Page 3 he Dharma Bums at Satyricon. Clunking in from mandate highly coveted weekend slots at Satyricon. Featur- onstage acrobatics were legendary. It was customary for him Silverton area, Perfect Circle, named after an ing Eric Louvre on guitar, John Moen (Stephen Malkmus) to leap from amazing heights: from side-fi ll monitors, pa TREM song, met with a smattering of attention on drums, Jim Talstra on bass and headed by dynamic lead stacks, lighting scaffolds, balconies, whatever was available from the Portland press in the mid-80’s before disappear- singer Jeremy Wilson the Bums espoused an REM-like folk in the moment. Today Jeremy Wilson is an independent ing but when they reappeared a year or so later as the hiply dimension in their presentation but with far more directness, producer who this month is introducing his fi rst album named Dharma Bums they swiftly rose through the ranks, to energy and electric drive than their predecessors. Wilson’s project “Sublimation” by Lew Jones (see GBU P. 8) LL down in Cali. He’s booking East coast dates, too, so there of such an article is to sell records and all of the people who oughta be some novel gigs for sure! Patrick Lamb’s wanting would have done that in the fi rst month were kept from doing me to play some shows this & next month, too, and with Sheer so by a typographical error or behalf of the editing department Bliss going on tour for a year, they’re leaving behind a huge mass at your magazine. Furthermore, it makes all of the hard work I of drum students for me to take over. 30+ students a week, have put in to creating a website that WORKS-useless. I really plus a more-than-full-time day job and a fam of four’s gonna wish this mistake would have been corrected in due time as I SUGAR BUMMER keep this man bizzy. Did I mention that I’m still freelancing don´t see many people searching through back issues of two Dear Two Louies, a buncha Web stuff, too? I’m hoping to avoid getting written louies to go record shopping. First, I’ve gotta thank you guys for the great press & photo up in 2Ls for my heart attack by age 32. :^p If Denny never told anyone then that´s different- I do in the new 2Ls. You guys are the best, and that ain’t no lie. Your fan, however feel as though the person in charge of the website Next, I’ve gotta apologize... Kyle & I left Sugarbang just Kevvy Metal should check such things to be functional. days before your issue hit the Web. I should’ve called you about Sincerely, it, but didn’t expect to be getting press about a not yet existent GRUESOME GAFF Adam Mackintosh. record. The wheels just spun w/out much traction, and my life Dear Editor, wuz pretty crazy - too crazy to continue. I love Jimi & Kevin, This is Adam Mackintosh writing to you from Spain. SCAM ALERT though, and still consider ‘em family. Heck, even they still talk We have been on tour over here for two weeks now, and before Dear Two Louies, to me! ;^) Kyle & I were pretty well aligned to do some good we left, I called Denny Mellor to inform him that the internet Is the Portland music project a scam? My son’s band, things with & for the band, but it’ll be a bit before they’re ready. article about us had a critical error in the spelling of our website LostKoz signed up, but there have been no subsequent meet- Who knows, maybe we’ll be back after a break. link! The spelling of our band name as well as the spelling of ings. I saw your mag mention it but couldn’t fi nd more info. In the meantime, I get to do some fun stuff in the coming our website address is GRUESOME GALORE. I don´t mean Help. months... I’ll be doing the Animotion gigs w/ Bill Wadhams to sound like a jerk, but it really upsets me that the purpose Gary Kelley LL Page 2 - TWO LOUIES, October 2002 TWO LOUIES, October 2002 - Page 3 Page 4 - TWO LOUIES, October 2002 TWO LOUIES, October 2002 - Page 5 COVER SONGS: HOW TO RECORD compulsory license allows you to use your turing records containing your cover version, AND SELL THEM LEGALLY “cover” version on audio-only records only. and before selling or distributing such records, For example, you could not use your recorded you must give written notice to the song’s ased on federal copyright law, cover version in a fi lm soundtrack without the owner that you intend to sell your recorded you have the legal right to record permission of the song’s owner. cover version. This written notice is called a B“cover” versions (and to sell records Nor can you use only certain elements “Notice of Intention to Obtain a Compulsory containing your cover versions) so long as you of a song on your audio-only records. For License,” and must be in the form prescribed comply with certain legal formalities. example, you cannot choose to use only the by the Copyright Offi ce. In short, there are three different ways by which you can obtain the legal right to record a “cover” version: (1) Follow the “compulsory mechanical license” procedures prescribed in the federal copyright statute; (2) Obtain a mechanical license through the Harry Fox Agency; or (3) Obtain a mechanical license directly from the music publisher of the song. Each of these different procedures is discussed lyrics and then put those lyrics with other If the song’s owner is listed in the Copy- in more detail below. music, without fi rst obtaining the consents right Offi ce’s records, you must send your As a practical matter, most people who are of the owners of the outside material. Such “Notice of Intention” directly to the owner (by certifi ed or registered mail). If, on the other “This kind of license is called ‘compulsory’ hand, the owner is not listed in the Copyright because the federal copyright statute says, in Offi ce’s records, you simply fi le your “Notice of Intention” with the Copyright Offi ce. The effect, that the owner of the song has no choice fi lingling ffeeee isis $12.$12. AA seseparateparate NNoticeotice mmustust bbee but to let you record your own version”. sent for each of the songs “covered.” If you fail to send your Notice of Intention recording “cover” versions will, for reasons of a situation is also outside the scope of the withinwithin the timetime limits mementionedntioned ababove,ove, yyouou convenience, seek a mechanical license from compulsory license process. will not be entitled to a “compulsory license,” the Harry Fox Agency or from the music Also, compulsory licenses do not cover and moreover, you will be liable for copyright publisher (options 2 and 3 above), rather than the use of samples from other people’s songs/ infringement. going through the compulsory license proce- recordings. (The process for obtaining the For more information about the compul- dure provided for in the federal copyright stat- rights to use “samples” is entirely different sory mechanical license procedure, contact the ute (the fi rst option mentioned). However, I and will be covered in a later column.) Copyright Offi ce and ask for “Circular 73.” will fi rst discuss here the “compulsory license” The address is: Copyright Offi ce, Library of procedure, since it is the compulsory license THE PROCEDURE FOR OBTAINING Congress, Licensing Division, Washington, procedure which sets the stage for the possibil- “COMPULSORY LICENSES” D.C. 20557. The telephone number is (202) ity of the other mechanical license procedures Assuming that your use of your cover 707-3000. The same information is also avail- discussed later in this column. version will not violate any of the rules just able on the Copyright Offi ce’s website. (http: However, no matter how you go about mentioned, and also assuming that you want //lcweb.loc.gov/copyright/). getting the mechanical license you need, it’s to utilize the “compulsory license” procedure By the way, if the owner of the song is not very important to start the process as early as (option #1 above), then you must comply with listed in the Copyright Offi ce’s records (for possible, because sometimes complications certain formalities in order to obtain a “com- example, if the owner never fi led a copyright can arise which can delay a record release. pulsory mechanical license.” These formalities application for the song), there are special THE BASIC RULES “If you are obtaining a mechanical license REGARDING “COMPULSORY LICENSES” directly from a music publisher, make sure that This kind of license is called “compulsory” because the federal copyright statute says, in they in fact own the song you wish to license. effect, that the owner of the song has no choice Publishers often sell songs and song catalogs to but to let you record your own version. But note: This “compulsory license” other publishers, and it is not “unheard of” to fi nd approach is available only if the song has been previously recorded AND previously a publisher issuing a license for a song that it in released, with the permission of the owner of fact no longer owns.” the song. If that is not the case, then you are not entitled to a “compulsory license,” and you areare as follows:follows: (1) GivingGiving writtenwritten noticenotice toto rulesrules whichwhich apply.apply.