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Danger Mouse’s Dark Night Of the Soul Album Threatened By Lawsuit

5/15/09, 2:33 pm EST

Photo: Lake/WireImage

Dark Night of the Soul — a project headed up by Danger Mouse, Sparklehorse and David Lynch that features contributions from the Shins’ James Mercer, Black Francis, the Strokes’ Julian Casablancas, the Flaming Lips and Iggy Pop, as well as a 100+ book of Lynch’s photographs — is on sale now at DNotS.com. However, in a weird twist, instead of getting music with the set, buyers instead will receive a blank CD-R.

“All copies will be clearly labeled: ‘For Legal Reasons, enclosed CD-R contains no music. Use it as you will,’ ” a spokesperson for Danger Mouse said. “Due to an ongoing dispute with EMI, Danger Mouse is unable to release the recorded music for Dark Night Of The Soul without fear of being sued by EMI.”

The disagreement between Danger Mouse and EMI likely roots back to the Jay-Z/Beatles mash-up The Grey Album he made in 2004. The brilliant combination of The White Album with The Black Album catapulted DM (real name Brian Burton) from bedroom producer to international star, but it came with a price: it infuriated the massive label group, which controls the rights to the Beatles’ recordings.

Sparklehorse are under contract with EMI, and Danger Mouse produced albums like Gorillaz’s Demon Days and the Good, the Bad and the Queen’s self-titled debut for labels under the EMI umbrella, so it’s unclear why the lawsuit would trouble the release now. “Danger Mouse remains hugely proud of Dark Night Of The Soul and hopes that people lucky enough to hear the music, by whatever means, are as excited by it as he is,” the spokesperson said. The album has actually leaked, and there’s a legal stream at NPR’s site.


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Comments

Black Hole Sun | 5/15/2009, 3:15 pm EST

Well if he can’t release the music for legal reasons, why don’t they just halt (or recall) the shipment of the CDs altogether? Releasing blank CD-Rs is completely pointless, if people are going to intentionally buy blank CD-Rs, they’re gonna go to Staples. Release the accompanying book by itself if you think this issue won’t be resolved in the immediate future.

llyanabuey | 5/15/2009, 3:53 pm EST

let people have a spot to download the album on-line and use the blank cd for that

hamster | 5/15/2009, 4:57 pm EST

I hope EMI goes down as a result of this. They’re a bunch of greedy, good-for-nothing, corporate bastards. This is exactly why Radiohead and NIN release their albums independent of record labels, to avoid this crap. Danger Mouse should have followed in their footsteps.

Tom | 5/15/2009, 6:09 pm EST

To Black Hole Sun, I don’t think it is completely pointless to give out a cd-r, as it will have the album print on it I think, and it also sends a clear message that the creaters want people to buy the disc and download the album by whatever means. I will still buy it.

Bigfoot | 5/16/2009, 12:48 am EST

I listened to the record, and I must say, EMI did the public a HUGE favor. This is some of the most awful crap I’ve ever heard. The only song that comes close to sounding anywhere near good is “Little Girl”, vocals courtesy of Julian Casablancas from The Strokes. I can’t believe how much hype there was surrounding this album, you’d have thought it was a Beatles record. If the album never becomes available, it won’t be a great loss, trust me.

Jones | 5/16/2009, 6:14 am EST

Bigfoot, if you really think that the Casablancas song was the saving grace of the album, there really is no hope for you. I suggest you stick to a strict diet of the Killers, Coldplay, and U2, as this will be less grating to your delicate ears. The entire album is great in my opinion, and as it is currently available for free, it takes a particularly obnoxious person to go out of their way to criticize it!

Freedumb Fighter | 5/16/2009, 11:07 am EST

EMI is lame-o…this album kicks sooo much arse!!!! Danger Mouse I just stole the album and I’m mailing you a check…screw EMI. (where should I send the check too?)

Joe | 5/16/2009, 11:27 am EST

I agree with what he is doing. Its a good and different idea of going about this. He really has no other choice at this point so might as well try to stick it to them the best he can at this point. Also the album IS fantastic, I love almost the entire thing and dont understand why Little Girls is getting the only attention here. Gruff Rhys’s song is absolutely amazing as well as Wayne Coyne’s. And this might be Jason Lytle’s best work yet, he should have Danger Mouse produce his next album because I was not a huge fan of the latest solo album he did.

Bigfoot | 5/16/2009, 11:28 am EST

Just because it’s free to listen to doesn’t mean it’s good. And at least the Killers, Coldplay and U2 couldn’t make music that bad even if they wanted to. Not all indie music is the shiznit, y’know. Peace out, tasteless generation.

chrie | 5/16/2009, 2:55 pm EST

i just listened to it on npr’s website. It’s absolutely stunning. It’s the closest thing to Pet Sounds I have ever heard

chrie | 5/16/2009, 3:18 pm EST

I would suggest they release it independently, cuz it seems like dangermouse won’t win this one sadly

James | 5/16/2009, 3:20 pm EST

What amuses me, is that EMI could make an absolute fortune off of this album, yet they’re stopping it being released. Idiots.

jughead | 5/16/2009, 4:23 pm EST

I just wish David Lynch would release a full album like the title track and “The Ghost of Love” off the Inland Empire Soundtrack. Seriously, people hate on auto-tune/vocoderish, but on these two tracks Lynch proves that those technologies can be used to achieve some breatkingly original timbers and textures

jughead | 5/16/2009, 4:23 pm EST

I just wish David Lynch would release a full album like the title track and “The Ghost of Love” off the Inland Empire Soundtrack. Seriously, people hate on auto-tune/vocoderish, but on these two tracks Lynch proves that those technologies can be used to achieve some breatkingly original timbers and textures

jughead | 5/16/2009, 4:23 pm EST

I just wish David Lynch would release a full album like the title track and “The Ghost of Love” off the Inland Empire Soundtrack. Seriously, people hate on auto-tune/vocoderish, but on these two tracks Lynch proves that those technologies can be used to achieve some breathtakingly original timbres and textures

Jones | 5/16/2009, 6:40 pm EST

album sounds great.
nuff said

P | 5/16/2009, 11:32 pm EST

EMI just proved what artist as well as fans HATE about major record labels! This lawsuit is absolute bullsh*t! Just more of the same crap of wanting complete control over the artists! With the trouble these big labels are in, you’d think they’d have the sense not to cut off their own noses to spite their faces. With all the hype this album is getting, they’d better resolve this and fast!

As for Bigfoot, folks don’t sweat his comments. He likes his rock clean, well produced, and radio-friendly. That’s fine. But remember, Bigfoot, just because you have a nose and tastebuds doesn’t mean you’re an expert judge of fine wine!

Bob | 5/17/2009, 7:28 am EST

It’s absolutely mind-boggling that a major label, in the position they’re in right now, would choose to block an album of this quality because of some pathetic industry politics.

This is probably the best record to come out in the past five years, and people WILL recognise that regardless of whether or not it gets a physical release; so from Dangermouse/Sparklehorse’s point of view, this isn’t too bad.

I’m just thoroughly shocked at the complete ineptitude of record labels.

PAUL MILLS | 5/17/2009, 4:03 pm EST

EMI is looking pretty dumb, but so is Rolling Stone for its news blackout on the participation of (former) Blue Note/EMI recording artist Suzanne Vega on the DNOTS album. The track is a landmark collaboration between DM, SH, and SV (whose work has inspired rap and hip-hop artists for 25 years). But you won’t hear about it in Stone; I wonder why.

Paul Mills (husband of Suzanne)

Marketing | 5/18/2009, 5:01 am EST

Did it ever occur to anyone that this is a smart marketing trick?

McGee | 5/18/2009, 8:48 am EST

That’s odd, the whole project is kinda weird. At least they’re letting the show MAN OF THE GRAVEYARD MAN use a song as the theme song.

Alex Cho | 5/18/2009, 9:29 am EST

Corporate Greed suffocating Art.
EMI, I’m voting with feet AND wallet.

Steve | 5/18/2009, 10:50 am EST

Bigfoot’s entitled to his opinion and by providing clues to his bland tastes (Killers, Coldplay, Strokes) it’s easy to understand where he’s coming from.

The world needs ditchdiggers too.

Darian Knight | 5/19/2009, 8:51 am EST

While not all of the tracks struck me in a friendly tone, I can definitely say that DNOTS is worth the download and (eventual) purchase. The point to make here is that an artist just made history here, folks… of course the music is dependent on personal tastes, but the bigger thing here is that a well known artist just proved they could release a completely blank CD-R with a booklet, and still charge $50 for it. Not to mention actually sell it to fans. It’s a combination effect here, in that he knows full well that the tracks would get out anyway, even if his hands are tied, and he’s supporting his fans by providing everything else to complete the package. This, in turn, cuts EMI completely out of the picture, while Danger Mouse and company sit back with their hands legally tied, but with a large, smug grin. DM completely understands the 21st Century distribution methods, and also knows that very little will stop the masses from getting their hands on something if they want it bad enough. Not even the record company can fight the entire world.

As for the blackout concerning Suzanne Vega – I said the same thing when I was reading through different sites concerning this topic. Suzanne Vega is an amazing talent and deserves to be recognized, doubly so since she’s the “Mother of the MP3″.

JezmundToo | 5/19/2009, 4:23 pm EST

Really good album. It’s hard to find something decent to listen to nowadays. This is better than decent.

viral | 5/19/2009, 5:37 pm EST

one of the best marketing campaigns ever!!!

Cantgetenough | 5/20/2009, 1:29 pm EST

Wasn’t what I expected. Thought it’d be darker but it’s really grown on me. I think “Bigfoot” works for EMI and their anti-DNOTS campaign. Maybe he should go back to listening to FalloutBoy and leave the adults to discuss this great release.

Interesting | 5/20/2009, 2:48 pm EST

EMI pulled the 15 second dnots teaser clip from YouTube last night

RetroElectro | 5/22/2009, 9:38 am EST

The album is great, but my complaint is the actual sound quality. Streaming from NPR or a 128 kb mp3 file isn’t exactly cd quality. If they “leaked” a flac version I wouldn’t have a problem buying the $50 package.

Jewkie | 5/22/2009, 8:20 pm EST

Of all the Richmond Virginia musicians – Lamb Of God, GWAR, DeAngelo, Cracker, Camper van Beethoven, Jason Mraz, Aimee Mann -Sparklehorse reigns supreme.

David Williams | 5/23/2009, 5:58 pm EST

I can stream it at NPR but not down load it, any help anyone can give me?

wickedlizard | 5/26/2009, 2:07 am EST

The suggestion that this is marketing ploy surprised me, and maybe it’s true. I hope not. I’d find it kink of surprising that David Lynch would be involved in such an enterprise. He’s demonstrated a lot single-minded integrity in the past.

In any case, the album is probably the best of the year so far. So, in many ways the question is moot. If you want to listen to good music, download it. And maybe the conspirators will cleverly collect cash from those of us shelling out $50 for the book (of which there are supposedly only 5000 copies printed so far).

The whole thing is so strange. Even if it is a marketing ploy, it has a Lynch feel anyway.

it's good but | 5/26/2009, 11:05 am EST

“closest thing to Pet Sounds?” C’mon, let us tone down the hyperbole. I don’t think I would even bestow that honor upon Grizzly Bear’s Veckatimest.

Jonathan Ball | 5/28/2009, 10:59 am EST

Regarding Suzanna Vega: I suspect this is not a “media blackout” which seems senseless and unmotivated, but rather a symptom of why the Internet is still not a fit source for accurate information. A simple mis-typing gets repeated and reprinted to become “fact”. The media in question are at fault for being a bunch of lazy assholes who don’t properly fact-check information, not for being part of a nonsensical conspiracy.

Jonathan Ball | 5/28/2009, 11:01 am EST

Also: no “marketing trick” here, I assure you — no label would risk a public relations fiasco for the sake of an artist that never sold many records in the first place, and cannot be expected to sell more. Not even for Britney Spears would a major label risk this kind of bad press.

wallabyj | 6/30/2009, 5:33 pm EST

Clearly the blank disc was meant even though never directly said for obvious legal reasons, to be burnt with an illegal copy of the album. Anywho, I just bought the book today with the blank disc, copy number 4010 of 5000. I’m really happy with it, one of my new favorite things.

Anonymous | 7/2/2009, 12:00 pm EST

I wonder how many differnt covers they made for the cd. Anyone who knows? I orderd 6 cds they have 4 different covers (some dubble)

bigfoot | 7/9/2009, 7:16 pm EST

Are you serious…Coldplay? Are you part of some conspiracy fomented by somebody?

bigfoot | 7/9/2009, 7:16 pm EST

Are you serious…Coldplay? Are you part of some conspiracy fomented by somebody? Because you are musical neanderthal

The Dude | 9/7/2009, 8:33 pm EST

Amazing album, one of the best albums I’ve heard this year so far. Might have to mae an exception and actually download it as it is not available on CD. Found it on vinyl but I’m not a V-junky.

Managed to put my hands on a book, coming in from the States (hopefully) in a week or two. Unfortunately it is now sold out but I was lucky enough to get one.

Great line-up, absolutely mind-blowing album, let the book be as good!

Adam | 10/21/2009, 6:44 pm EST

“Music is everybody’s possession. It’s only publishers who think that people can own it.”
- John Lennon

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