The Squid's Ear
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Matthew Shipp : Magnetism(s) (RogueArt)

The creative NY jazz trio led by pianist Matthew Shipp with Rob Brown on alto sax and flute and William Parker on bass re-release and re-master their 1999 Bleu Regards album "Magnetism", a 20-part suite of concise and informed dialogs; and add a live CD of the trio recording three larger "Magnetism" improvisations capture live at the Stone, 2016. ... Click to View


Larry Ochs / Sax and Drumming Core: Wild Red Yellow (RogueArt)

Rova leader Larry Ochs takes his Sax and Drumming Core to the next level with this charged album of mind-bending album of free improvisation with an hallucinatory edge, joined by Libra artists Satoko Fujii on piano & synth and Natsuki Tamura on trumpet, with Scott Amendola on drums, William Winant and Matthias Bossi on a wild set of percussive instruments. ... Click to View


The Seen: Archive: Volumes I - V (2005 - 2009) [5-CD BOX SET] (Confront)

Since 2005 bassist and percussionist Mark Wastell has been organizing concerts of ever-changing groups of improvising musicians under the collective name The Seen, using predominantly improvised material with occasional instructions or themes, here presented in 5 CDs, each a complete concert recorded at venues including Cafe Oto, Red Rose Theatre, &c. ... Click to View


Nicole Mitchell : Mandorla Awakening II: Emerging Worlds (FPE Records)

The second astounding album from Chicago Flutist Nicole Mitchell on the FPE label, continuing her project in the sphere of Sun Ra and Afrofuturists, merging fiction, fantasy and sound in an electro-chamber octet, encompassing contemporary classical, globally oriented fusion, gospel, avant-rock, spoken word, and funk-inspired groove research. ... Click to View


Nicole Mitchell : Mandorla Awakening II: Emerging Worlds [VINYL] (FPE Records)

The second astounding album from Chicago Flutist Nicole Mitchell on the FPE label, continuing her project in the sphere of Sun Ra and Afrofuturists, merging fiction, fantasy and sound in an electro-chamber octet, encompassing contemporary classical, globally oriented fusion, gospel, avant-rock, spoken word, and funk-inspired groove research. ... Click to View


Michael Foster / Ben Bennett: In It [CASSETTE] (Astral Spirits)

The second release for the duo of Ben Bennett on drums, percussions and membranophones, and Michael Foster on tenor, soprano, sopranino saxophones and aerophone, in uniquely voiced improvisations that develop both carefully and, at times, erratically, but always with an ear to interesting dialog that captivates and confuses the listener. ... Click to View


Andrew Smiley : Dispersal [CASSETTE] (Astral Spirits)

An uncommon solo guitar album from Andrew Smiley, a member of Little Women and the Chris Pitsiokos Quartet, creating textures on the guitar by applying unconventional techniques with his pick and fingers instead of using effects or guitar preparations, and accompanying himself on voice in Haino-esque ways, creating an album of sharp contrast and color. ... Click to View


Emmanuelle Waeckerle : Ode (owed) to O [2 CDs] (Edition Wandelweiser Records)

London-based composer Emmanuelle Waeckerle in a project of spoken word, flute and melodica with contributors including Antoine Beuger, using minimal and multiple narrations in texts that blend erotic literature, conceptual writing and verbal scores, presented as 2 Scores for voice(s) and instrument(s) based upon Pauline Reage's "Story of O". ... Click to View


HMS (Joe Houpert / Nathan McLaughlin / Erich Steiger): Tetrad [CASSETTE] (Astral Spirits)

Blurring the lines between experimental music, improv, and composition, the trio of Joe Houpert, Nathan McLaughlin, and Erich Steiger use the studio to rework their improvisations, accenting aspects of the acoustic and electronic elements and morphing them in unexpected ways; "think Henry Flynt meets Cluster meets Revolutionary Ensemble". ... Click to View


W-2 (Sam Weinberg / Chris Welcome): Fanatics [CASSETTE] (Astral Spirits)

The Brooklyn duo of saxophonist Sam Weinberg (Captain Phillips) and synth player Chris Welcome (Chris Pitsiokos, Mike Pride) in an album of abrasive, rhythmically abraded and contorted electro-acoustic improvisation, each player embedding themselves into each other's sound, at time making their instruments indistinguishable from one another. ... Click to View


Steve Lacy: Free for a Minute (1966-72) [2 CDs] (Emanem)

Four sessions on a 2 CD set, all featuring Steve Lacy and Kent Carter: (1) DISPOSABILITY, the 1965 trio record with Aldo Romano of jazz standards, originals and free improv; (2) SORTIE, the 1966 free improv quartet + Enrico Rava album; (3) previously unissued 1967 'Free Fall' Film Cues in a quintet with Rava, Karl Berger, & Paul Motian; (4) two never issued '72 quintet pieces with Steve Potts, Irene Aebi on cello and Noel Mcghie. ... Click to View


Paul Rutherford : In Backward Times (1979-2007) (Emanem)

Four very different previously unissued concert settings featuring trombonist Paul Rutherford: 2 festival solos - one from 1979 with electronics and one from 2004 without; a 1988 duo with Paul Rogers a few months before their ROGUES CD; and a 2007 trio with Veryan Weston and Marcio Mattos, which turned out to be Rutherford's last public appearance. ... Click to View


Barry Guy: Frogs [VINYL 7-inch PICTURE DISC] (Trost Records)

A 7" limited vinyl picture disc made to celebrate legendary European Free Jazz bassist Barry Guy's 70th birthday, with Guy providing "acoustic sounds" along with his collaborating frogs, Wasserfrosch (Rana Esculenta) and Laubfrosch (Hyla Arborea), size A presenting Frogs & Barry Guy, and side 2, Barry Guy & Frogs; quirkly and wonderful free improv. ... Click to View


Christian Wolff : Berlin Exercises [VINYL] (God Records)

A series of shorter works composed by Christian Wolff written to explore the process of practicing and working within specified limits, exercises for both the composer and the performers, recorded live in Berlin in 2000 by an ensemble directed by Peter Ablinger and including Wolff on piano & melodica, Robin Hayward on tuba, Anette Krebs on guitar, &c. ... Click to View


Phill Niblock: Rhymes With Water [VINYL] (God Records)

A beautiful set of minimalist compositional drone from New York composer Phill Niblock, commissioned by the performers Natalia Pschenitschnikowa on bass flute and Erik Drescher on glissando flute, recorded at PIETHOPRAXIS, in Cologne, Germany by Marcus Schmickler, and in Berlin, Germany, by Thomas Ankersmit. ... Click to View


Simon Rummel Ensemble: IM MEER (Umlaut Records)

German composer and improviser Simon Rummel presents the 2nd release from his 11-piece Simon Rummel Ensemble, blending his interest in acoustic phenomena and improvisational harmonics in an extended work that shift from beautiful tonal work to disruptive cacophony and back to melodic music, blending jazz and 20th century approaches; a great achievement. ... Click to View


Joe McPhee / Bryan Eubanks: My Undocumented Alien Clarinet [VINYL] (Penultimate Press)

Recorded and presented as part of Pauline Oliveros Foundation's New Vanguard Series in Kingston, NY in 2006, the unusual duo of Joe McPhee on b-flat and e-flat alto clarinets and synthesizer and Bryan Eubanks on open circuit electronics explores unusual dynamics and psychoacoustic intersections of both acoustic and electronic instruments. ... Click to View


Blaise Siwula / Jorge Nuno: Waterscapes (Creative Sources)

Waterscapes is the performing duo of New York saxophonist Blaise Siwula and guitarist Jorge Nuno, interwining distinct approaches to acoustic and electric improvisation, creating rich sound environments and rapid interaction that draws the listener in and then sweeps them off their feet with passionate, complex and informed dialog. ... Click to View


Carlo Mascolo: My Tubes (Creative Sources)

A unique take on this large brass instrument from Italian trombonis and Free Flow Festival director Carlo Mascolo, using preparations, focusing on components of the instrument, and using extreme techniques to create a startlingly diverse set of sounds, vocalisations, microtonal output and simply bizarre utterances as Mascolo brings new language to horn. ... Click to View


Alfredo Monteiro Costa / Miguel A. Garcia: Aq'Ab'Al (Mikroton Recordings)

Audio experimenters Alfredo Costa Monteiro and Miguel A. Garcia join forces in an album titled after "Aq'ab'al", the Mayan Astrology Sign about polar opposites-- dawn and dusk, hot and cold, black and white--which represents renewal and change, through a series of opposing audio events, forceful sounds of texture, feedback, and intervention. ... Click to View


John Butcher / John Edwards / Mark Sanders: Last Dream Of The Morning (Relative Pitch)

A studio album between three UK master improvisers -- John Butcher on sax, John Edwards on double bass, and Mark Sanders on drums -- the trio pushing the envelope in technique and dialog in nearly telepathic playing that transports the listener into their environment, as the music builds and releases in effortless ways that are stunning and exulant; highly recommended. ... Click to View


Fred Van Hove / Roger Turner: The Corner (Relative Pitch)

Pioneering improvising pianist Fred Van Hove at UK's Cafe OTO for the first time, captured in a duo with UK drummer/percussionist Roger Turner, their first recording together, for a night of exceptional improvised interplay, sophisticated and complex playing that is constantly buoyant and charming, an enthralling conversation between two veteran players. ... Click to View


Magda Mayas / Jim Denley: Tempe Jetz (Relative Pitch)

A pairing of two innovative players, Berlin-based pianist Magda Mayas and Australian sound and wind artist Jim Denley, Mayas playing inside and out of the piano and Denley on alto sax and bass flute, both providing field recordings adding unexpected elements in a set of extremely balanced recordings that entrance the listener with unlikely and captivating settings. ... Click to View


John Butcher: Resonant Spaces [VINYL] (Blume)

Extreme acoustic space recordings from saxophonist John Butcher, part of Arika's Resonant Spaces event, with performances from resonant and remote corners of Scotland. ... Click to View


Lean Left: I Forgot To Breathe (Trost Records)

The 7th album from the quartet of Netherlands guitarists Andy Moor and Terrie Hessels (The Ex) with Chicago free improvising multi-reedist Ken Vandermark and Netherlands drummer/percussionist Paal Nilssen-Love in an album balancing amazing energy with profound introspective moments in thrilling edge-of-your-seat improvisation - excellent! ... Click to View


Lean Left: I Forgot To Breathe [VINYL] (Trost Records)

The 7th album from the quartet of Netherlands guitarists Andy Moor and Terrie Hessels (The Ex) with Chicago free improvising multi-reedist Ken Vandermark and Netherlands drummer/percussionist Paal Nilssen-Love in an album balancing amazing energy with profound introspective moments in thrilling edge-of-your-seat improvisation - excellent! ... Click to View


Kontakte Trio (Trevor Taylor / Ian Brighton / Steve Beresford): Kontakte Trio (FMR)

An important and well-matched trio of electroacoustic improvisers, and a welcome addition to guitarist Ian Brighton's return to active music life, with Steve Beresford on piano, prepared piano and electronics, and Trevor Taylor (Circuit) on percussion and electronics, six unhurried improvisations of intricate interplay and interchange themed on physics. ... Click to View


Viv Corringham / Lawrence Casserley: Anemoi (FMR)

Lawrence Casserley is a pioneer of real time electroacoustic music, since the 60s working with other artists and developing his Signal Processing Instrument, using physical gestures to process and morph sounds; here he works with British vocalist and Deep Listening teacher Viv Corringham in an other-worldly collaboration of voice and electonics. ... Click to View


Kamins / Smith / Fielder / Hertenstein: After Effects (FMR)

A great example of traditional free improvisation spanning generations from the quartet of Danny Kamins on baritone saxophone, Damon Smith on double bass, and two drummer/percussionists--Alvin Fielder and Joe Hertenstein--for 10 tracks of swinging free music recorded in the studio in Texas, 2016, jazz with a lyrical intention and powerful rhythmic underpinnings. ... Click to View


Pat Thomas: The Elephant Clock of Al Jazari [VINYL] (Otoroku)

Inspired by the automatic water clock invented by Iraq inventor, engineer, and father of robotics, Badi' al-Zaman ibn al-Razzaz al-Jazari built in the 12th century, pianist Pat Thomas recorded these four exceptional improvisations of powerful solo piano with an unusual and inventive twist live at London's Cafe Oto in 2015. ... Click to View


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The Squid's Ear
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  Freedom of Suppression  

A week of copyright infringement in New York City


By Urania Mylonas 2002-12-30
Concert photos by Urania Mylonas
Food chain Barbie photo by Tom Forsythe


Mark Hosler
"Illegal art?" John Filker, a New York-based photographer and painter grew incredulous when asked what he thought about using someone else's work without permission. "It's wrong! You can't just copy someone else's work and then add your name to it! You can't use another artist's images or other work without their approval. That's not right." But when asked about using corporate images or sounds illegally, his response was far different. "Oh, well it's OK to fuck with corporations, it's not like a corporation is an artist" he said.

Even an employee for a large advertising agency in New York City, who works in the art department (but didn't want her name or firm to be disclosed), didn't seem to mind that the Illegal Art Festival, which had its New York run from November 13 to December 6, and was organized by Stay Free! magazine, was making use of some of the corporate images that her company might have made. "This sounds like great fun," she said. "I'm tired of large restaurant chains using my good work. Let someone else use it and turn it into real art!"

Christian Marclay
So is stealing from the "big guys" OK? Is it fine to make art out of corporately owned culture? Or someone else's work? Artists like Mark Hosler of the audio-collage group Negativland would tell you it is OK. He might even say that it's not stealing, that it's "transformative re-use," as he called it in a recent lecture at Anthology Film Archives. Using fragments of one thing to create another, potentially more interesting, work is a part of artistic freedom and shouldn't be silenced, Hosler said. What the Illegal Art Fest is exploring is the illegal use of images or sounds; mostly corporate or at least owned by corporations like record labels, toy companies and other media giants, and how they are being reinterpreted by artists.

In a society where creativity is to be rewarded but free and open access to ideas -- from music to journalism to art -- allowed, a conflict can arise, leaving lawyers to sort out questions of ownership and compensation. What are the copyright issues and who do copyrights really protect anyway? And, in the case of illegal use of images or sounds, who is actually getting hurt by the copyright laws?

At a recent short film showing at Anthology Film Archives, Hosler presented some (very) illegal short films he and the other members of Negativland made for some of their recordings. The screenings included a short called Gimme the Mermaid, which was made with help from Disney animator Tim Maloney, who created the film using Disney's equipment after hours. Mermaid combines the sound of a music industry lawyer with the voice of the Little Mermaid and Negativland's cover of Black Flag's "Gimme Gimme Gimme," Former Black Flag guitarist Greg Ginn was part owner of SST Records, the label that tried to force Negativland to pay the entire legal costs associated with a lawsuit brought on by Island Records regarding illegal use of a song by Irish megastars U2, which almost broke the band financially.

The U2 piece also included unauthorized a recording of Casey Kasem, a bootlegged outtakes from his American Top 40 show in which, during a dedication to a dead dog called "Snuggles," he cursed the sound engineer and insulted the band U2, saying, "these guys are from England and who gives a shit?" The piece -- featuring manipulated and deconstructed segments of the U2 song "I Still Haven't Found What I'm Looking For" -- was called "U2: Special Edit Radio Mix" and included on of Negativland's album "Negativland: U2," an album that U2's label, Island Records, thought looked a little too much like an actual U2 album since the letter "U" and the numeral "2" were featured far more prominently than Negativland's name. The 15-minute long album had barely been arrived in stores when Island Records slapped the group and SST with a lawsuit. And while Kasem didn't file a lawsuit, he and his lawyers did threaten Negativland with one if they tried to release the track again or in any way use the unauthorized outtakes of Kasem from the show.

This move may have seemed hypocritical, however. While being interviewed during a concert that was part of a protest against nuclear weapons testing outside Las Vegas in 1992, Kasem was asked about the Negativland record, and he wasn't going to take action against the band and that he was against censorship.

"No, I'm not going to complain about it, it's a free country and we have the First Amendment, so...no problem," he said. "I'm against censorship of any kind...Nobody should be censored."Negativland chronicled the saga in their book Fair Use: The Story of the Letter U and the Numeral 2.

Legal actions aside, the song was one of the first, and certainly one of the most prominent, of a wave of art that steps on the toes of copyright control.

At CB's 313 Gallery in New York City, artists and photographers made creative use of corporately owned imagery. One of them, Tom Forsythe, stuffed the beloved Barbie doll in a blender and a martini glass and messed up her hair for good measure in his series of photographs entitled Food Chain Barbie. Forsythe received a letter from Mattel claiming the series of images he had posted on his Web site infringed on its copyright and trademark. Forsythe wasn't making any money from the images and decided to fight the case with help from the ACLU. A federal court ruled in favor of Forsythe and Mattel immediately appealed. A decision is pending in May, 2003. Freedom of expression is OK, but don't mess with Barbie.

Canadian copyright laws are even stricter than in the US and while our neighbors to the North enjoy other freedoms, fair play, the Canadian equivalent of fair use, does not allow for parody, as artists Diana Thorneycroft and Michael Boss discovered when their series of drawings Man, Dog, Husband & Wife, Dinosaur, Man with Large Nose, Mouse -- which portrays Marge and Homer Simpson, Barney Rubble, Burt of Sesame Street, Barney the Dinosaur, Goofy and Mickey Mouse in various stages of bondage and victimization -- was rejected by Gallery 1CO3 in Winnipeg, Manitoba, at the advice of the gallery's lawyer. The artists eventually showed their work at another gallery in Winnipeg and have not been sued as of yet.

While Thorneycroft and Boss were subverting known cartoon characters to bring to light the face of violence, Brooklyn-based artist Heidi Cody wrote the word "subvert" in letters from corporate logos. The piece is part of a larger work called The American Alphabet and not only has she not heard complaints from those corporations, but some advertising agencies have even paid Cody to use the letters, seemingly allowing some freedom of expression and perhaps freedom to profit.

When artist Kembrew McLeod decided to copyright the term "Freedom of Expression," he got his wish and 10 years of exclusive use of the term for his zine. McLeod, with the help of a friend posing as the publisher of an imaginary punk rock magazine also called Freedom of Expression, pretended to sue the magazine and even had a lawyer send a cease and desist letter to the "offending magazine." McLeod was later interviewed by a local paper, which quoted the frustrated copyright holder as saying "I didn't go to the trouble and expense of trade marking 'Freedom of Expression' to have someone else come along and think they can use it whenever they want."

Luckily for most artists, McLeod was just kidding, since freedom of expression and freedom to express yourself using many, many samples, was the thing at a night of music that was part of the Illegal Art Fest at Tonic in the Lower East Side.

Musicians and sound manipulators put on performances that would be a copyright lawyer's dream (or nightmare, however you choose to see it).The experimental music duo Spin-17 used noisemakers, toy horns, and electric pianos, a turntable playing sounds from science fiction movies like Godzilla and recordings from space shuttle launches. Motoko Shimizu sang from operas, while Ed Chang played guitar during their performance. "No genre is safe and the boundaries between art and doleful indulgence are blurred," the duo writes on their Web site.

The Thimbletron, an invention created by the one-man band Evolution Control Committee, could be considered the ultimate indulgence for an artist who likes to use samples. The group claims to have discovered the science of Thimbletronium, as well as its relevant subatomic particle, Superdupertron, and to begin the show, Mark Gunderson donned Thimbletron: a pair of gloves with wires and thimbles attached which trigger samples from a laptop when touched together. After applying olive oil to the thimbles "for conduction purposes," Gunderson, with his wild white hair and white jumpsuit, pressed his fingers together, but no sounds ca m e out. Afte r much fumbling and the further application of olive oil, the device sprang to life and the sounds ranging from AC/DC and Dan Rather to instructional records and meal menus pumped out of the speakers.

The quirky band is better known for their controversial single "Rocked By Rape", which features samples of Rather and resulted in a lawsuit against them by CBS and the record being pulled. Even in cases where a song might be protected as parody or freedom of expression, artists can scarcely defend their work against deep-pocketed corporations and their Philadelphia lawyers.

Lawrence Lessig, a law professor at Stanford University, said copyright laws have reached a level of control where even an educator, wanting to use a three-second clip from "The Simpsons" is required to pay $25,000 for the privilege.

"The problem is their insane rules are now being applied to the whole world," Lessig said in a speech he gave this past summer at the Open Source Convention in California. "This insanity of control is expanding as everything you do touches copyrights."

But is having a low profile, like Evolution Control Committee, the only way to get around the radar screen of the lawyers and avoid paying hefty usage fees? Are artists like Beck, Public Enemy and Beastie Boys and countless other "mainstream" artists who have the money to pay for rights (and lawyers) the only ones who can use sampling in their music? Not as long as Negativland and Evolution Control Committee and other "underground" artists continue to keep the samples and the music and humor coming, in hopes that the next piece of mail isn't another subpoena, but a fan letter.



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