[Rumori] THE KNITTING FACTORY/INSTINCT/EVOLVER RECORDS BOYCOTT

[Ed Special]

THE KNITTING  FACTORY/INSTINCT/EVOLVER RECORDS  BOYCOTT

In the last few months the Evolver label and its parent label Instinct, 
the folks who bought the KNITTING FACTORY clubs & label, have reissued 
a dozen of the Knit & Shimmy back catalogue items - Sex Mob, Hasidic 
New Wave, Cuong Vu, Daniel Johnston... Yet many artists have not been 
paid for their past royalties!

Furthermore, thousands of previously pressed Knit and Shimmy Disc 
[Kramer's label which was "acquired" by the Knit before itself being 
bought by Instinct] CDs were destroyed [summer 2003] leaving many 
former Knit artists frustrated and angry.

***
Here are some very telling  testimonials:

Catherine Jauniaux : I am Tom Cora's widow and the sole legal 
administrator, executor, and, along with my 10 year old son Elia Corra, 
inheritor of his estate. This CD* , "It's a Brand New Day Tom Cora Live 
at the Knitting Factory", was released in 2000, two years after Tom's 
death in 1998. However, I never signed any agreements or contracts 
regarding this CD. Nor have I received any payments for it. I've 
received no sales or royalty statements.
[*The proceeds from this disc were to benefit Cora's family;  Bruce Lee 
Gallanter donated the tapes from his archive for this project]

John Zorn: I produced the Cora tribute "It's a Brand New Day"...all the 
musicians involved generously agreed to donate both their music and 
their artist royalties to Tom's surviving family....i.e.  
Catherine...[it's] a shame so many cds get destroyed instead of giving 
or selling them to the artists...what a waste! and an ultimate comment 
on what they really think of the product they make...

Judith Ren-Lay: I released an album on Instinct over ten years ago 
called "Sub Dub" and have yet to receive any royalty statements.

Raz Mesinai: My contract says that I get my master back if the 
recording goes out of print. The record is out of print as far as I can 
tell, yet they claim it's not and won't return the rights to my master.

Matt Moran: When I asked to buy copies of my CD in order to sell them 
at gigs, they claimed they couldn't seem to find any. Then I discover 
they have given the music to EMusic as a free download!

Rebecca Moore: It has been several years now of total confusion. I had 
been working with the previous label management to establish what had 
happened to an entire printing of my CD, royalty-wise. A second 
printing was ordered right in front of me even though my royalty 
statements never reflect this. Then one day I call up to follow-thru 
and there is a whole new staff running the place. At that point I set 
about getting ownership of my masters, as my work was out of print and 
my contract entitled me.
The current staff then held me in an email debate for WEEKS about the 
definition of "out of print." Even though they had wanted to throw out 
my CD's in their office-relocation, they would not just give me my 
masters back. It was exasperating. Then finally they tried to get me to 
sign a contract absolving them of all royalty responsibility in order 
to get back one of my masters. I refused to sign, telling them the 
contract I already had entitled me to get them back. It has been an 
odyssey no poor, struggling musician--no musician, period--should have 
to go through.

Hassan Hakmoun: I recorded with Knitting Factory in 1990. and I never 
received any  $00. for 14 years

Roy Nathanson: I have two records with the Jazz Passengers and two 
records with Anthony Coleman on the Knitting Factory Label (not to 
mention the countless cuts put on collection samplers that I know 
little or nothing about). This work was part of a vital scene that 
brought some wonderful music to the city. The complete callous 
disrespect shown the artists and their work by the current owners of 
the label is remarkable. I retrieved copies of some of these [CDs] 
completely by accident and had to pay for them although the current 
regime was ready to throw them out.
This is all far beyond the lack of royalty statements. It's a matter of 
criminal disrespect.

***

Downtown Music Gallery had always supported Knitting Factory recording 
artists, as well as the club. Things have obviously changed.
Both the club and label originally made their reputation [under 
founders Michael Dorf and Bob Appel] when luminaries such as Wayne 
Horvitz, John Zorn, Elliott Sharp, Fred Frith, et al, chose this 
fledgling NY performance space as their stage of choice, opening up an 
entire scene that allowed a great number of creative musicians to once 
again be seen and heard, creating a certain 'Downtown Music Scene' 
renaissance.

At this point, a large group of former Knitting Factory recording 
artists, including those above, are attempting to get back the rights 
to their old Knit recordings.
Here is their email verbatim:

***

"From: <kf_action at takeittothebridge.com>
Date: Mon, 22 Nov 2004 21:35:48 -0500
To: dmg at downtownmusicgallery.com
Subject: CALLING ALL NEW YORK MUSICIANS: BIG DEMO SET FOR DECEMBER
15TH!

Mark your calendars, everyone. Our next big demo is set:

Time: Wednesday, December 15th, 12 NOON
Place: outside the Knitting Factory (74 Leonard Street between Broadway 
and Church Street)

We hope that musicians everywhere will attend this historic 
demonstration!

This action began when The Knitting Factory, once a home both literally 
and figuratively for alternative, challenging forms of music, was taken 
over (label and club) by Instinct Records in 2002.
No official announcement was ever made to the artists on the label.
Confusion ensued over the coming weeks and months, word spread about 
the change of ownership and suddenly many artists found themselves out 
in the cold:
unable to get satisfactory answers about the status of their work from 
the new label owners, unable to get their masters back even though it 
was in their contracts that they could, and unable to get satisfactory 
accountings of their work.
When Instinct moved their offices in 2003, artists were shocked to hear 
eyewitness accounts the following week of their CDs being thrown out by 
the case.

This demo is not just about our community of musicians and one indie 
record label: we want to help make industry-wide changes and increase 
awareness on behalf of indie recording artists everywhere, who have 
often not had access to legal help or the ability to challenge a label 
when they felt their contracts had not been honored.
The Musicians Union, Local 802, has stepped in, offering free legal 
help and an unprecedented level of support for this historic action.

We've scheduled the demo at noon to get maximum press exposure.
Therefore, we've got to make this demo HUGE. Come out and support all 
Knitting Factory/Instinct artists past and present in their fight to 
get their contracts honored and their work treated with respect! If you 
couldn't make the last demo, then it is really important that you make 
it to this one--we really need your presence!
And please forward this message to every musician that you know.

We are also announcing a BOYCOTT to begin on FEBRUARY 14.
The two month gap between then and now is to avoid inconveniencing 
other artists and to give Instinct another opportunity to end its 
stubborn refusal to negotiate.
But unless that occurs we urge all artists: DON'T BOOK ANY NEW DATES AT 
THE KNTTING FACTORY without first consulting the TITTB website.
Gigs booked after that date may have artists and audience crossing 
"Don't Go In" picket lines. 
We urge all fans: the best Valentine's Day present you can give the 
indie label recording artists whose work you enjoy is your solidarity.
If the club continues to stonewall the artists through FEBRUARY 14th: 
DON'T GO IN. BOYCOTT FOR ARTISTS RIGHTS!!!

Let's repeat and make this clear: despite the filing of our lawsuit, 
despite the announcement of this boycott,  we remain open and willing 
to talk to KF/Instinct Records, should they at any point acquiesce to a 
sit-down meeting with us.

Performing Opportunity: we want lots of musicians to play short sets
(since it will be chilly) at the demo, so there is a constant flow of
music and noise and lots of photo opps. Having Kenny Wolleson and
musicians playing at the last demo really made the difference. The
President of Local 802, David Lennon, will be speaking at this event,
and 802 is mobilizing their PR department on our behalf to make sure
this demo gets coverage. Are you interested in performing (KF/Instinct
artist, or anyone?) Acoustic acts are best though there might be a
simple PA system of some kind there. If interested--contact us at this
email address!

We are going to tell KF/Instinct records, loud and clear:

We want our masters back, as we are contractually entitled!
We want the royalties (mechanical or otherwise) we are due, and clear, 
accurate accountings!
We want our CDs offered to us, or Downtown Music Gallery--not thrown in 
the trash!!!
We want all indie artists to have their contracts honored when their 
label changes hands!!

See you at the demo --

the takeittothebridge crew"

***

DMG will no longer sell these Evolver "Knit" [and Instinct "Shimmy"]
reissues until this problem has been resolved. HELL, ANY INSTINCT OR
EVOVLER PRODUCT AT ALL! WE URGE YOU NOT TO BUY ANY!
We are removing the availability of those items from our website and 
returning all product for credit to Evolver/Instinct's distributor.
We will not promote or attend gigs at the Knitting Factory club s as 
well.
At least until this problem has been resolved.

PLEASE GO TO   http://www.takeittothebridge.com/ AND SIGN THE
'SUPPORTERS' PETITION. WE ALREADY DID!!!
[make sure to UNCHECK the box that says "you have a record on 
KF/Instinct Records" - assuming you are not on any of their 
recordings!]

WE URGE THE 3500+ FOLKS WHO RECEIVE OUR NEWSLETTER TO DO THE SAME.

Remember, musicians and their recordings create the collective joy that 
brings us listeners together. Shouldn't we raise our voice to help 
assure their remuneration for their work? YES!

Sincerely,
Bruce Lee Gallanter, founder Downtown Music Gallery
Emanuel "MannyLunch" Maris, Manager/Partner
"Emperor" Mike Clark, Communications
DJ Mikey "IQ" Jones and DJ John Hall, Shipping & Receiving