TF Archives

Record labels sue DJs

Author: Daniel Dasey
Monday, September 16, 2002
Taken from the Sun-Herald:

"Three music companies have launched court action to stop what they claim is the theft of their dance music by some of Sydney's leading DJs and an independent record label.

Central Station Records, Sony Music and Universal Music allege respondents, including leading DJs Pee Wee Ferris, Captain Kirk and Nik Fish, and an independent record label have improperly used tracks to which they hold the rights.

In the Federal Court on Friday they sought an interim order from Justice Peter Jacobson stopping the production and distribution of seven CDs featuring 12 allegedly unauthorised tracks.

The dispute centres on a line of CDs produced and distributed by independent label Tower Records and its sister company, Slamm Distribution.

Documents tendered to the court said the discs - which feature Ferris, Fish, Kirk and other DJs remixing other artists' songs -made unlicensed use of tracks by international performers including Kai Tracid and Reloop.

Lawyers allege that while the tracks had been treated by a DJ - sped up, slowed down and repeated in parts - their presence on the CD represented a breach of copyright.

They also produced evidence of alleged intimidation by one of the DJs involved.

Copies of short message service (SMS) messages allegedly sent by Tower Records director and DJ Christopher Fraser Smith were tendered.

In one message to an employee of one of the music companies behind the Federal Court action, Smith allegedly wrote: "Don't hide u fat ---- im coming 2day and what a drama there is going 2b [name of alleged victim] u will learn the rules of aus".

Another read: "Also i got ur home addres from the public records [rental bond board] maybe easier 2 come in the night as ur busy by day cant wait 2 meet the mrs".

Adam Houda, who is counsel for Smith and Fish - whose real name is Nik Vatoff - said his clients would consent to an interlocutory order stopping them distributing and producing the CDs involved.

A similar order was issued to Pee Wee Ferris - real name Peter Ferris - in his absence.

No order was issued for Captain Kirk, whose real name is not known.

Justice Jacobson also issued orders requiring Smith not to approach employees of the music companies involved in the case.

Mr Houda said his clients were likely to dispute the claims against them.

The matter will come before the court again this month."

By Daniel Dasey
September 15 2002
The Sun-Herald

Tags