Artist, er plagiarist spotlight: David Herrero, the man who stole from Underground Resistance

Shame_on_You.pngEven if you don’t know David Herrero by name, there is a good chance you’ve heard his productions or have seen him DJ somewhere. With releases on such venerable labels as Cr2, Nervous, and Defected that have been supported by the likes of Marco Carola, Loco Dice, Nic Fanciulli, Richie Hawtin and many others, as well as having played at internationally known clubs like Space Miami, it’s pretty obvious that David has quite a bit of experience in the underground music business.

So why then, with all this experience, would he sign a track to Chus & Ceballos‘ label (Stereo Productions) with an unlicensed vocal? Cornelius Harris, vocalist for Underground Resistance, is wondering the same thing. In a recent post on Facebook, Cornelius made his feeling clear to the label owners:

“Hey Chus & Ceballos, I have to be honest, discovering that you took my voice and used it for one of your tracks WITHOUT contacting me or anyone else associated really pisses me off. Take that crap down NOW. No joke.”

We at Not Your Jukebox concur with Cornelius’ sentiment and are wondering what would drive someone to do this. Especially someone who, per his biography, “live[s] for music” and when he goes to the studio, its “with the same excitement as the very first day.” Until David explains himself, we have a few theories of our own:

  1. He didn’t produce his own track. Given the sheer number of productions with his name (nearly 600 releases on Beatport), and in light of the known and rampant use of ghostwriting in the industry, we find it highly suspect that he would actually have that much creative juice running through him (especially after listening to several of his tracks).
  2. He didn’t realize that he didn’t have or need permission to use the vocals. There is always a chance he is just an idiot, even despite his proclaimed longevity and knowledge in the industry.
  3. He just plain old-fashioned thought he would get away with it. He would have gotten away with it too if it wasn’t for those meddling kids interwebs.

Personally, I think it is a combination of all three (keep in mind, the original track is titled Transition and David’s is Make Your Transition, I mean come on). Unfortunately, in the end, I suspect we won’t hear from David and that the offending track will eventually be erased from the internet as much as possible. Even Chus & Ceballos’ reply to Cornelius was a meek and garden variety, ‘whoops we had no idea’. But I am curious, how many other people have been ripped off by this “artist”?

Feel free to let David know your own thoughts on the matter. At the very least, you can always, gently, educate him it is never a good idea to mess with Underground Resistance and that maybe he should offer Cornelius an apology.

***UPDATE***

Seems there is another very similar rip off by Gonzales & Gonzalo on KD Music.

The original track:

 

The offending track:

 

Another offender:

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Let’s be honest, illegally downloading music makes you a jerk and a commie

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I recently had a discussion with someone who was in the process of scanning books so that people could have “free access to any and all books”. He viewed himself as a champion of the people; offering up his valuable time and effort in an act of a selflessness in order to be a provider of free knowledge. I was a bit surprised when he got offended and denied my assertion that he was ultimately stealing and that he was more thief than champion, especially in the eyes of the authors. The outright denial of his thievery, though took me aback, made me realize that his viewpoint is not uncommon.

Rather than beat a dead horse and speculate on the effects piracy has on various industries, let’s instead focus on the rarely discussed truth of what is really going on when you illegally download media. Let us get honest, shall we?

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You are a jerk and thief

When it comes to illegal downloads, it is easy to forget that you are stealing. Especially since there is no physical object that is taken from the possession of another physical or perceived individual. People come up with lots of arguments to justify their actions: it’s just a copy, it’s not hurting anyone, it’s not like I’m taking a purse from an old lady, I’m helping expose the artist to people, I shouldn’t have to pay for music because I’m a DJ, I’m sticking it to the corporations and big businesses that are ruining the <insert industry here>, blah blah blah. Bottom line, you are taking something that is meant to be for sale and not paying for it. No matter what argument or justification you come up with, you my friend, are a thief.

You are a jerk because you are robbing the creator of the media and essentially saying, “your stuff is worth having but I’m not going to pay you for it because my desire to have it for free is more important than your desire to make money from your labor”. Despite how you feel about whatever corporations or middlemen that have their hands in the process from creation to distribution or in the overall economic pie, you are in fact taking money away from the creator of the media. Even if it is a paltry sum from that $0.99 song you just stole. As for all you DJs that are getting paid gigs and playing illegally downloaded music, you are thieves, jerks, and a-holes.

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You are a jerk and communist

If you take the work/labor of another person and distribute it to the masses (effectively creating common ownership) you are taking part in communism. This is exactly what is happening when you download and distribute digital material. Not only are you a commie but likely a hypocritical one at that, as I highly doubt that you are sharing with the masses the compensation of your labor, your birthday money from grand-ma-ma, or for that matter, the computer you downloaded the media onto in the first place.

Doesn’t it seem like a bit of a jerk move to be like, “I know you wanted to make money from this but I’m overriding your desire to feed your kids with the compensation of your work and deciding that my desire to make it available for free to other people is more important”? I’d like to see how people would react if someone took their paycheck and distributed the money to the masses because they thought they should be working for free. But I guess that is harder than clicking a button, so it must be more wrong.

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The truth of the matter

Even if everyone suddenly decided to be honest with themselves about what they are doing, I’m not confident that much would change. We live in a world where the new generations are increasingly demanding that things be given to them for free, yet that they be compensated for their own efforts. Companies and artists are continuously struggling to find new avenues of compensation for their labor (resurgence of physical media a la vinyl production, advertising revenues, ridiculous pricing for live performance, etc) but so far most efforts only seem to further screw the artists, and the fans for that matter. You may be getting that song for free but you are ultimately paying for it somewhere.

The curious case of Pioneer DJ’s new analog turntable

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Over the last 20+ years I’ve watched Pioneer work tirelessly to make CDs (and eventually MP3) the standard for DJ medium. Their own CDJs have become the main setup at every major venue and have essentially pushed vinyl out of the booth. And why not? CDs/MP3s are more convenient, less expensive, and provide longevity and the ability to replace lost music that scratched and skipping records cannot. So why now are Pioneer vinyl turntables about to hit the shelves?

Has Pioneer suddenly been stricken with remorse for its part in all but eradicating vinyl in the dance scene and now seeks penance? Has their corporate headquarters suddenly been taken over by old-school DJs who have had enough of controllers and the over-saturation of DJs? Are they tired of making fistful of dollars by selling the premier rigs? Not likely.

Why turntables, why now?

Pioneer is in business to make money. Businesses do not invest resources into projects unless they perceive there is profit to be made, even when producing a niche item. Simply put, they believe there is profit to be made. This is an interesting move considering more and more DJs turn to controllers and software. Even more interesting, the new decks do not contain any midi or digital interfaces, they are purely analog. Let’s consider this for a second; the most prolific DJ gear manufacturer, the one that spent over two decades pushing its digital gear so it would become the industry standard, believes there is profit to be made from analog turntables.

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We’ve all seen the reports that vinyl sales are up and that there has been a renewed interest in the medium, some artists even going so far as to release only vinyl, but have we really seen the difference in the booths? Not really, CDJs still reign supreme. Despite recent vinyl growth, the focus in the booth is still on the all too easily accessible MP3. So why is Pioneer even bothering? Are they just seeking market dominance and hoping to capitalize on a possible final surge of record sales before it completely disappears? Possibly. But with vinyl sales currently breaking records (pun unavoidable) it is not likely the medium will be disappearing anytime soon.

Could it possibly be that they are preparing their rekordbox software to be a stand alone competitor for DJ software like Traktor and Serato and want to provide their own analog controller option? Maybe. While I wouldn’t put it past them, it seems to me that there would be some kind of digital interface built-in to further integrate the tables with their other products, not to mention it would make the price point much more attractive for most.

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Speculation aside, I see a profitable option that I’m hoping Pioneer will take. I’m hoping that Pioneer sees a potential to create a symbiosis within the market place that will ultimately create more revenue for themselves while keeping a smile on the vinyl addict’s face. If they push their turntables even a fraction as hard as they did with the CDJs they will indirectly help drive vinyl sales up, which will naturally in turn drive turntable sales even higher, which will push vinyl sales even more, and so on. Preference and nostalgic desires aside, as someone who sees the financial benefits of a vinyl resurgence, I’m more than happy to see Pioneer put forth these little beauties.

What’s this vinyl business?

In the early 90s my DJ rig included pair of Pioneer CDJ-500IIs for no real reason other than most of the music I played was on CD. At the time I never thought that CDJs would become the industry standard, especially when taking into account all the grief given by my fellow DJs for using CDs (many of which now give me grief for preferring vinyl).

By the mid-90s I moved away from CDs to vinyl for three main reasons: I liked the feel, I preferred the sound, and vinyl was where it was at for underground music. Eventually, I also came to realize that vinyl ultimately made financial sense. It was better for creating a unique sound for myself, which from a business standpoint was imperative.

More so than CD, vinyl was often released in limited runs, making it easier to stand out by playing music that other DJs did not have. Nothing like the Beatport/Shazam everyone has everything instantly of today’s DJ world. Vinyl was also more expensive, harder to mix, and more of a hassle to maintain, which inadvertently provided the added benefit of keeping the total number of DJs entering the scene much lower. This increased the value of the DJs that were already in the market as a result of basic supply and demand.

Clearly, Pioneer does not profit from there being less DJs in the world, but the question remains: Will Pioneer push their gear and invite a further resurgence of vinyl bringing it back into the booths, are they just setting up a future release of an advanced version of rekordbox, or are they just OCD and trying to round out their DJ gear offerings? Let me know what you think. Are you happy to see Pioneer make some analog tables? Or is it a case of too little too late?

Dumbing down music, one location at a time

Unsurprising news, DJ Shadow was kicked off the decks at Miami nightclub Mansion for playing music described as “too confusing”. Yes, this is the same place that kicked Dennis Ferrer off the decks for not playing “commercial enough”. While some will defend the move claiming that the promoter shouldn’t have booked him at a top-40 club to begin with (and there is some truth to that), or that DJ Shadow should have adapted to the crowd, or that this is simply the nature of the game in today’s music industry; in reality it calls attention to a much bigger problem. Dance music is being dumbed down.

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Every genre of music has its share of crap flooding its respective market. As electronic/dance music finds its way to the mainstream, however, our culture is seeing an unprecedented flood of sophomoric tunes unlike any other genre of music. Naturally there are many factors for this. Music creation has never been as easy, cheap, or convenient as it is today. Anyone with a computer and a little Internet savvy can find the software to make a rudimentary piece. With the plethora of musical templates out there, making a “song” can be as easy as selecting which preselected sounds you want to plug in,  sometimes even easier than that. Further, once your masterpiece song is finished, it doesn’t take much effort to find a label to get your song up on music distribution sites, or even do it yourself. Music has become a volume business and the industry favors quantity over quality.

With push button production methods along side push button DJ options, it is no wonder that many seek dance music as the route for a quick buck and 15 minutes of fame. Make something easily accessible to the masses, easily consumed, throw some money behind it, create as many opportunities for repetition as possible so that people become accustomed to hearing it and boom, hit track. That’s not to say that this formula is how every song becomes a hit, some actually make it to the top because they are legitimately good. But let’s be realistic, that is becoming more and more rare. It has gotten so bad that people constantly scramble to new sounds en masse just because they are new, trying to feed their desire for something more meaningful, never truly realizing what they are actually hungry for. No matter what wrapping you put on a rice cake, you’ll never find yourself satisfied.

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While there will always be those that appreciate and push for the more complex and heady sounds, sadly, those people are clearly out numbered in today’s culture. Even what is left of the underground environment is buckling to the pressure of playing the more accessible sounds for the sake of the numbers game. So who cares? Anybody who sees the value of this music as an art form. Anybody who wants to see our music have any continued longevity. We applaud DJ Shadow for taking a stand and maintaining artistic integrity, not only for himself, but for all of us.

The sad part in all of this is that you can make art and money at the same time. If more people understood and valued that concept, we would not reward the people who flood the market with an inferior product. Less formulaic sound-a-likes, and more sounds from the heart please. I am not naive in all of this, nor am I unrealistic. I know there will always be those that just want to get drunk, listen to a jukebox, and play the mating games. I also know that just because something is called art doesn’t mean it is good, but neither does a song’s popularity. I just want to encourage as many people as possible who see a better path for our music to push harder. I want the consumers of music to challenge themselves and see past the easily consumed, develop your palate. Let’s all have artistic integrity, no matter what sound drives us.

Taking the message to the dance floor, fakers beware

Want to join the fight against the DJs and producers that fake the funk but aren’t quite sure how you can help? Now you can join the cause and spread the message just by playing a song. I know it’s a bit self-gratuitous, but fellow producer and real art enthusiast Rob Nutek and I did a song on 7Stars Music with the cause in mind. In our response to a certain “h8ers” release, we call out all fakers and give DJ Sneak a proper shout out for heading up the charge. Check it out and join the cause along with other supporters like heavy hitters Roger Sanchez and DJ Sneak. Stay tuned for an amazing remix package as well.

Get it on Beatport!

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Long time dance music veterans Rob Nutek and Sean Ray have teamed up again to give life to a dance floor monster with a message in their “FAK3RS” song on Seven Stars Music. Aside from the undeniable groove, the lyrics address some of the current rumblings in the scene involving the calling out of various artists for faking their performances.

Sean Ray who is no quiet voice on the matter, runs the very popular notyourjukebox.com, which is dedicated to keeping art as the focus of dance culture. “When Rob approached me to collaborate on this track,” explains Sean, “It was a no brainer. Of course I wanted to put a beat to a message for which I’ve been fighting for years.”

No one ever mistakes where Rob Nutek stands on the issue, as he too has been a champion of keeping things real. “DJ Sneak put a huge voice to what many of us have been saying for years. He helped people to pay attention and listen, now it’s our turn.”Rob and Sean work together to produce both a powerful track and a powerful message. Don’t them catch you faking it lest you find them on the receiving end of their cause.