Nation & World News Labels upset after DJ splices Jay-Z, Beatles classics The DJ claims more than 100,000 copies of the mix were downloaded despite the record label uproar By Greg Kot Chicago Tribune (KRT) The most buzzed-about album of the year isn't on the Billboard charts and it can't be found in record stores. But even as Danger Mouse's "The Grey Album" has restoked the decades-old debate about sampling, it further demonstrates that record companies and copyright law are be ing left in the dust by Intemet-sawy musical innovators and the technol ogy that stokes them. "The Grey Album" conflates two revered albums: The Beatles' self-ti tled 1968 double-album, better known as the White Album, and Jay Z's 2003 swan song, "The Black Al bum." But it's more than a simple "mash-up," in which a disc jockey syncs up the beats of two vastly dif ferent pop songs to create a hybrid track for playing at dance clubs. Danger Mouse, aka Los Angeles DJ Brian Burton, spent countless hours splicing musical bars and looping beats off The Beatles' mas terwork, then laying them under neath an a cappella version of Jay Z's chart-topping disc. Danger Mouse circulated 3,000 copies of "The Grey Album" last month, giving most of them away. Some of the records turned up in record stores, others were being sold on eBay and MP3 files of the 12-track album began circulating on peer-to peer file-sharing sites such as Kazaa and Soulseek. That's when EMI, which owns the publishing rights to the White Album, jumped in and sent cease-and-desist letters to Danger Mouse, Web Sites and stores demand ing that the record be destroyed. In re sponse, more than 150 Web sites staged "a day of coordinated civil dis obedience" Feb. 24 and offered the al bum for download. "We are certain that The Grey Al bum' was the No. 1 album in the country (Feb. 24)," the greytues day.org Web site announced. "Dan ger Mouse moved more 'units' than Norah Jones and Kanye West... with well over 100,000 copies down loaded. That's more than 1 million digital tracks." Lawyers and the record industry saw the "Grey Tuesday" protest as copyright infringement run amok, a low blow directed against one of the central pillars of the recording in dustry. The Web sites and Danger Mouse, arguing that they weren't profiting from the downloads, saw the cease-and-desist orders as an af front to creativity and new technolo gy, an attempt by the multinational corporations that dominate the mu sic business to maintain complete control over the creative process at any cost. At the heart of the current debate is the long-running battle over sam pling. In 1991, rapper Biz Markie was sued by Gilbert Sullivan for us ing an unauthorized sample of Sulli van's 1972 hit "Alone Again (Natu rally)" on his album "I Need a Haircut" and a judge ruled in the singer's favor. "1 Need a Haircut" was pulled from stores and quickly went out of print. Ever since, record labels have been more diligent about clear ing permission for using copyright ed material, sometimes paying copy right-holders tens of thousands of dollars to use even a four-bar snip pet of a recording. Danger Mouse didn't seek EMI's or Jay Z's permission to sample The Beatles, asserting that his request would have been denied anyway be cause he didn't have the financial means or major-label connections. Instead, he refers to the album as an experiment and has declined to make money off it. Purists contend that music can be created only on "real" instruments, and look askance at the mixing desks, turntables, samplers and computers that are the remixers' tools. But remixers are paid hun dreds of thousands of dollars to do what an entire orchestra can some times not do: turn a song into a hit record, often by replacing all the backing instruments with coundess bytes of electronic data culled from original and pre-recorded sources. (c) 2004, Chicago Tribune. Distributed by Knight Ridder/ Tribune Information Services. CAMPUS Tuesday Human Resources Workshop entitled "Prevent ing and Dealing with Sexual Harassment on Campus,” Alsea and Coquille Rooms, EMU, 9 a.m.-noon. Pre-registration required. 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