DJ Shadown and e-bay
DJ_NevilleC
1,922 Posts
Just heard from one of my distributors that DJ Shadow is getting e-bay to pull all listings that use his name as a reference point. I've got mixed feelings about this one.
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Yessss...ironic....
WURD
Makes me want to get in touch with the people who made those rare record he used and tip them to how he's famous and making $ for his DEEP crates (read: their records). I'm sure tracked all those folks down and at least got permission.
Fatback, that's the 2nd thing I thought.....
Feelin' like Tony Montana at the end a Scarface.
been like that for a minute. I haven't sold in nearly a year, but before I quit I had 2 auctions pulled by Josh's company. They must have been doing it manually before, probably easier to just have eBay outlaw the use of his name!
This has been going on for a year at least, but I'm not sure if anyone has been able to explain why.
Is it cuz people are blowing up his samples and it's getting him sued? This I can understand.
Or is it "your useing my name for advertizing without paying my"? This is a little iffy cuz he's making bucks off sampling other peoples voices/music and not always haveing to pay them.
I don't think it has anything to do with people selling his records, cuz obviously it's fine to list the artist in that case.
Oh, on the flip, his company BOUGHT a sealed Kelly's Heroes OST from me around the same time. Weird.
OH...
Only esplanation for such bitch moves, since I heard he's a nice guy.
I've seen this many times; where someone puts dj shadow, UNKLE, Futura, Bape, WARP, Dunks [/b]etc. in their auction for something that is only slightly related...
[color:white] disclaimer:this is just an example to illustrate a point, ok?[/color]
This amounts to false advertising, and I don't know anyone who wants to be associated with that.
If someone's selling a record that Shadow sampled, i don't see how he can, legally, prevent someone from listing it as sampled by DJ Shadow... is this really what he's doing?
Shadow beats
samples DJ Shadow
drum break DJ Shadow
Does not contain sample used in organ donor but has similar riffs.
Yeah...all that TOTALLY FREE PUBLICITY must get tiresome.
But you'd think eBay'd be telling him to hug a nut becaase they know all these lil dudes will bid crazy for some otherwise worthless shit b/c it was sampled by Josh.
my point was that people use his name in auctions which have nothing to do with him, or his products - hence the notion of false advertising... how does that equate to free publicity?
no beef, just clarifying
Well, legally termed, it's called appropiation - the use of another person's name, likeness or image, without permission, for commericial gain.
Based on the definition, it seems that Josh has a right to prevent that from happening.
To prevent the illegal appropriation of his name while selling the product of his illegal appropriation of someone elses music?
Even that falls more under buyer beware. It's just like everything in the store says fat free and low carb even if it's not really true. In this case he should be glad for the free advertizing, but I can understand the annoyance as well. I guess saying "sound like DJ Shadow" is different than saying "sounds like Cali backpack beats" (just making a bad example, no need to school me)
All and all it's a thin line that's hard to understand. You think if he was so pissy about it he would make and official statment to clarify his position. When this came up a while back someone suggested that it was his company and not him doing it. ????????
Any legal people know the specifics on this. Can you say "My band sounds like Rush." without paying Rush? You see bands advertized all this time "sound like blah meets blah".
I hear what your saying, and it probably IS part of what he tries to do in these cases, but my point is that his name is out there and has value for MORE THAN JUST SHADOW, and I guess I don't see that there is much to be done about that. I mean, people are just pointing out facts. "As used by Shadow", may help sell your 45, but it also helps sell Shadows records, tickets,etc. Keeps his name out there.
Zing!
Arguments about substantial similarity and copyright infrigement of the originals he used to construct his own compositions are surely up for debate. But it's not appropriation.
protecting intellectual property
The defense calls Mick Fleetwood to the stand.