Monday, April 9, 2007
Music / Post No Bills MC5 documentary clears hurdle
Posted by Peter Margasak on 04.09.07 at 06:19 PM
The latest chapter in the tumultuous saga of MC5: A True Testimonial, the explosive documentary by local filmmakers David Thomas (a part-time Reader employee) and Laurel Legler about the Detroit proto-punk band, has drawn to a close, and now it almost seems possible that the film could get released. (If you're not familiar with the backstory, here's a feature I wrote a few years ago.) Back in November of 2005, Thomas and Legler (aka Future/Now Films) were sued by guitarist Wayne Kramer and his wife, Margaret, for using MC5 music in the film without licensing permission from Warner/Chappell Music, who held the publishing rights. (There were other issues addressed in the suit, but this was the big one).
The trial finally opened in October of last year in California, and on March 31 U.S. District Judge Andrew J. Guilford finally announced his findings, which dismissed all of the claims made by the Kramers; a final decision is due in a few weeks. Future/Now still has a lot of work to accomplish before the film could be released—including ironing out issues that arose with DVD distributors after the shit hit the fan—but the judge’s findings clearly articulate sympathy and praise for the filmmakers. “This lawsuit teaches that materialism remains with us, as Plaintiffs vigorously seek money from Defendants,” Guilford writes. “Although the MC5 faded away largely due to drugs, the band lingers on in the memory of many, and would be known to many other but for pending legal feuds.
“Much of this case rests upon the credibility of witnesses, and the Court finds that Thomas and Legler were far more credible than Kramer on key issues concerning alleged promises, representations and commitments.” And later, “Defendants were first-time filmmakers who spent eight years of their lives trying to create a documentary film that would be historically truthful, a documentary that would celebrate the talent and creativity of the MC5 band, a documentary that would say something about the 60's, and would say something about the present. They succeeded, and the film merits wide distribution for the enjoyment and edification of the masses.”
Comments (7)
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Yet another band proves that it is never too late to tarnish one's image. -- SCAM
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Bear in mind; Future Now has absolutely no "work to accomplish" should they have decided -- over the past THREE YEARS, people! -- that the film will never, ever, ever, ever, ever be released. Ever. Voila! No work! (Why do reporters not GET the story before they "report" the story?)
sounds like "a lot of work to accomplish" is what kramer and the music publisher have on their 'things to do' list. would seem prudent they extricate themselves ASAP from an obviously messy situation ASAP, film or no film, it would seem the damages for this thing would be sizeable. what's the going rate for "eight years of their lives" these days?
The judge made reference to Kramer's drug use, and the bands disintegration from drugs (I say it was lack of record sales),and in a he said, he/ she said situation no drug, booze or cocaine, has the stigma of heroin. The Judge making comments like "if you lived in the 60's you can't remember them" and the reference to the bands collapse due to drugs reinforces the addage law enforcement has, "There is no such thing as an ex- junkie". In a he said/ they said argument like this, the argument will go on forever between the fans.
Earth to Doris: The judge wrote "the MC5 faded away largely due to drugs" but there's no reference to Kramer and drugs in the court ruling posted at Detroit Tango. The ruling's titled "Findings Of Fact And Conclusions Of Law" so I would presume it's based on evidence, testimony and the law. More on the Future/Now Films situation here: http://tinyurl.com/yq2xj4
