A Year of Music

Thanks to Nick, I now know that Fucked Up and Xiu Xiu (two bands who should never be mentioned in the same sentence) are suing Camel, Rolling Stone, and (potentially; see the sidebar) Rhapsody for, well, being asshats (more summary here):

Indie rock bands Xiu Xiu and Fucked Up today filed a class action lawsuit against R.J. Reynolds Tobacco Company (the parent company of Camel cigarettes) and Wenner Media (the publisher of Rolling Stone) alleging the unauthorized use of artists’ names, unauthorized use of artist names for commercial advantage (right of publicity), and unfair business practices, all in regards to the ‘Indie Rock Universe’ multipage advertising section that appeared in the 40th Anniversary issue of the magazine published on November 15. The class action, which was instigated by Xiu Xiu and Fucked Up but filed on behalf of 186 bands and artists featured in the pull out spread, accuses both the cigarette company and the magazine of engaging in “despicable conduct” that was “illegal under settled, unambiguous California statutory and common law.” The lawsuit demands Rolling Stone publish an admission that the artists’ names were used without consent in a spread equal in size to the original ad, as well as seeking actual and punitive financial damages. (Under California law, this could conceptually amount to $750 per issue of Rolling Stone, per band, or a whopping $195.3 billion.

Everybody’s favorite bit of that story is this line:

The 18-page complaint filed today reads partially like a Pitchfork review written by a music-nerd attorney.

but they actually back it up with

Xiu Xiu’s work is described as “often thematically dark, marked by non-narrative, evocative lyrics delivered in small fragments, and is varied in instrumentation, which can include koto, digital sound samples, and whistles, as well as bass, keyboards, percussion and guitar – or some combination of some or all or more.” Fucked Up’s work is described as “direct, sonically violent at times, and often characterized as hardcore punk, with the sometimes acknowledged influence of Spanish Civil War-variety anarchism, Viennese Actionism and the Situationist International.”

The attorney on the case, Christopher J. Hunt, is either really good at reading band bios, has a remarkable ear, has a well-developed sense of humor, or some combination of all of the above. Those are as accurate descriptions of either band’s sound as I’ve ever heard.

I’ve been trying to tell everyone how great Fucked Up are for a while now; I strongly feel that Hidden World is an outstanding achievement: fierce, loud, lyrically sophisticated, politically and metaphysically engaged, and immaculately recorded. Also, they have a totally hilarious name (check out the hoops Kelefa Sanneh has to jump through to get his review of their live show into the New York Times), and the members’ pseudonyms (10,000 Marbles, Pink Eyes, Mustard Gas, Concentration Camp, Guinea Beat) are overblown and dorky-offensive in the best punk rock tradition. I’d say they’re the best punk rock band from Toronto, but there’s actually an awful lot of really great punk and hardcore bands from Toronto.

I won’t rehash the details of the case, because there’s more than enough links up above, but I will say that I think the bands have a pretty good shot at a settlement. I find the type of advertorial shenanigans Rolling Stone and Camel engaged in distasteful (“advertorial” is, of course, a portmanteau word combining “advertising”, “total horseshit” and “editorial”). Somebody there should have known this was going over the line. I’d be pissed if I were either Fucked Up or Xiu Xiu too: Rolling Stone has as much to do with real independent music in 2007 as Rupert Murdoch does with decency or truth, and the cheesy “Indie Rock Universe” spread Rolling Stone published makes the bands mentioned look uncool just by association. I find the idea of Rolling Stone being forced to run a 4-page pullout saying “WE FUCKED OVER FUCKED UP” in gigantic type quite satisfying.

In the meantime, Fucked Up have put out a bunch of singles over the last year, all of them great (and some of them not at all what you’d expect from a Black Flag-style hardcore band), and have a pretty crowded slate of new releases coming out this year. And their latest blog post linked to a pretty good disco-house single from Hercules & Love Affair, featuring the vocals of the amazing Antony Hegarty (of Antony & the Johnsons), which shows they’re nice guys – I mean, they’re looking out for my interests and all.