The Beachles

  Click here to avoid this nonsense and listen to some free music.


  If you’re looking for the Beachles, try searching torrent sites like Isohunt, PirateBay, PirateNova, MiniNova, MegaNova, TorrentSpy, or What.CD. I have no idea if the record can still be found at any of these websites, but I don’t think I’m breaking any laws by telling you that they’re excellent places to look for illegal stuff you’re not supposed to download. Also, you might try using P2P clients like Soulseek or LimeWire, but I don’t have a clue.

  Click here to listen to an interview I did for Canadian radio. Thanks, Aaron! I may post more if they are sent my way.

  Click here to download a new track I made called “Fuck EMI.” Me vs. EMI vs. King Tubby vs. Jatin Lalit vs. Sergio del Rio vs. Fernandinho Beatbox vs. Herb Alpert. I made this mix in about an hour, so don’t expect the Beachles or anything. Dig it, spin it, throw it around.

  Click here to send an email to EMI US Legal. Or, you can simply write EMI / Capitol an appurtenant letter:

        EMI Group plc
        27 Wrights Lane
        London W8 5SW

  If you care at all about freedom of thought, freedom of expression, or your digital rights, please take the time to write letters to any and every news outlet regarding this case. It’s never too late to show these guys what we’re made of, and we’re just getting started!

  I have received a cease and desist order from EMI’s legal team, and it really (as in: not joking) sounds like they want to torture me to death in some dungeon. I hope Paul and Brian come to my rescue now, ’cause I haven’t got a dime for these guys to take. I’ve been struggling as an artist for years, putting most of what little money I’ve had into recording my own music. The Beachles are still out there, though. If you want to break the law, check ’em out. They’ve threatened to sue me big time.

  And for what? For making something? So others would look at them as inhuman monsters, utterly incapable of recognizing art? Or is it just the distribution? Nope… all three. Or so it would seem. I shouldn’t have even made  it, they claim. And they want me to give up people’s IPs. That much I can tell you because of some legal humfuddery I dreamt up, but also (and more importantly) because I have a conscience. After all, would any of you want to be sued for following a link from Entertainment Weekly ? For the record, I never sold a single copy of this piece of art—if it is  art. Fair use, in your face, come and get me. You can not take my life, Capitol Recordings. Unless you do. Could happen. I wouldn’t put it past you.

  Would any of you want to be investigated for streaming one of these songs from a blog or website? Even if you never visited this  site? Because EMI’s attorneys, in no uncertain terms, are saying that they want ALL information regarding ANY and ALL persons who, knowingly or elseways, downlaoded or streamed this media. Forget about your rights, because they don’t exist. Even if you just accidentally clicked a link to a streamable MP3, they want your name, your address, everything that I might have to give to them. I have already told them once, but I’m now telling them again, on the record, to get bent. This isn’t their Universe anymore, and even if no one else will stand with me against the corporate ogres, I will fight this battle ’til my dying breath, stabbing, perhaps ineffectually, at the stinking feet of their unthinkable contemptuousness. They’ve picked on the wrong guy this time. I’m a Leo, but I ain’t so cowardly. Rawr!

  But another thing is: what’s it worth to them? The distribution of this mutant offspring in no way detrimentally affected the sales of the Beatles, the Beach Boys, the Go-Gos, Gary Numan, or any number of the huge list of other Kapital artists whose work, as you all know, was used for material on this website. If anything, it’s boosted sales… people couldn’t wait to hear the originals after listening to the Beachles! I bought all of the material I used; probably the sixth or seventh time I’ve owned Sgt. Pepper’s  on disc, since CDs, as we all know, provide a lifetime of listening enjoyment, and possibly the fifth or sixth time for Pet Sounds.

  And frankly, just who in the Hell do you think you are to say what’s allowed to be made? You pump the slurry of incompetence down the sputtering, overstuffed chullet of your little mass consumerism Worldwide Freak Police Deadly Gangster Frankenstein Computer God Communism slave-machine every single day. It is you, sirs and madams, who deserve to be sued, or tried and hung, by every single one of them, for making them settle for trash for so very long. You rob them of their dreams and identities every day, O Faceless One, you disappoint them, and truly you are unashamed. You are incapable of having a heart, and that is why you could never be human. C’est la vie. You are who and what you are, and nothing will ever change that. I could never envy you soulless bastards.

  Again, who are you to tell me what I can do with my free time? Are you THOUGHT NAZIS?! Sure the FUCK seems like it to me. And to plenty of other people, too. I’ll bet you couldn’t get it up in high school, EMI. Maybe the truth is: I’m some kind of MUSICAL TERRORIST. I know that you will try to characterize me as such, but your efforts will only serve to make the bloated and disfigured countenance of your dismal charade seem that much less ambrosial to small-town folk like me. Do You feast on the bones of children? Do You mindlessly imbibe their retch as they do Yours? You have poisoned the well, and now are made to drink from it. This is  You. It was You who destroyed my dreams, but for now I rule the Day, and I’m bigger than the Beachles ever were. Suck on that.

  We’re at War. You know: Iraq. Things suck right now, all over the World, because of nescient fatcats like You. This whole culture war is Your doing. You’re the reason smart people hate you. You phonies. You lusus naturae. You don’t care about artists and art… You only give a fuck about the bottom line of the balance sheet, and You’ve doubtlessly never experienced the thrill of creating something, even if it was scrapped together haphazardly out of something else. It’s gratifying.

  You’re a lot of crybaby nobodies, just like all of those dying crybaby somebodies you bilk around the World, every day, day in and day out, sucking them dry of their meager wealth and their dignity, stealing from them any chance to succeed as thinkers, doers, and makers. But mostly just underhandedly exploiting their weaknesses and giving back very little. I demand that you hang your heads in shame. Because of this stunt of mine, some teenagers may actually BUY your shitty 40th anniversary repackaging of Pet Sounds. The only way this could be bad for business is if you also happened to own the rights to the Beachles’ record, which you don’t. My effing mind does. Try to take that  away, Big Shots.

  You should be ashamed for accepting one form of art and not another. You made me listen to shitty records all through junior high, and now I’m finally reclaiming a bit of my own integrity. FUCK Crowded House. And oh my God, I almost forgot… Sheena Fucking Easton. Jesus Christ, my skin’s crawling. Daily, you “people” force-feed innocent children your vomitous noise pollution, and then you expect for them to grow up normal? I’m a reflection of you. But I’ll always love the Beatles and the Beach Boys. Who wouldn’t? You’ll never get me alive, Copper!

  If you want for me to take this message off of my website, drop the charges. If you want for me to reimburse you for your “losses,” give me a better record deal than the ones I’ve turned down this week. It’ll be much better publicity than suing a starving artist over one of the stupidest, funniest minor success stories of the year. If you want to talk about sports, get bent. But if you want to settle this over a game of Scrabble and some drunken arm wrestling, I’m game. I will clean the floor with your lily-white asses. Ofay motherfuckers. Let’s do this thing! I mean it!

  They say their email is confidential, but it’s deliciously hateful, some of it even sarcastic. I’d like to see how legally binding it really is, but I’m not that brave. If you want juicy highlights, though, get in touch. For legal reasons, I’m not going to provide a link to my email address here, so you’ll just have to think of something. And you’ll probably have to be someone I’ve known for years. The greed is almost sexual in nature. Very disturbing. I just hope I come out of this alive. And with all of my toenails.

  Well, I guess I’m an outlaw now. And a word to anyone who disagrees: if I refuse to pay them any money, or to turn myself in, an outlaw’s what I am. They’ll have to come and get me, which is easier said than done. That line was written with tongue firmly in-cheek, but I would gladly do prison time as a show of civil disobedience. I won’t make it any easier for them, however. Believe it or not, I’m doing this for people like you—for people like everyone. I’m doing it for the dead people being sued by the RIAA, and the Grandmas who’ve never heard of Britney Spears, but who are nonetheless victims of a vicious rape-machine that is designed specifically to take, to absorb, to deceive and to extort, but never to feel. I’m doing it for all of us. Most people wouldn’t have the guts to say what I’m saying now. When’s the last time a DJ took a stand against these bastards?! The bloodsucking pirates! The insatiable mongrels!

  And you may think that I’m a bit of a bastard myself. I’m not, really, but some of you are bound to feel that way. Still, is EMI right  to sue any of us for having a good time? As mentioned before this page was preempted, no matter who you are, I’m your friend for life. I would gladly stick my neck out for any one of you who cares about little things like digital rights. And just so you know, I would hope that you’d do the same for me. Otherwise, we’d all roll over and do little tricks for these guys, and do they deserve it? What have they  done in the name of art? Except to punish those who enjoy it? And promote a vastitude of sameness? LIES!

  I have no idea what I’ll do next, but it’ll probably be from a prison cell somewhere. Thanks for listening. We love to see you smile.




  Following is an excerpt from the “cease and desist” portion of the letter, pertaining to hundreds of thousands of EMI’s customers. I am publishing it because I consider it to be a matter of public interest. Particular attention should be paid to section (c)(iii).


Demand is accordingly made that you immediately and permanently:

(a) cease and desist from the manufacture, sale, offering for sale, offering for download/streaming, and/or other reproduction and distribution of the Beachles Mash-Up Recordings and the Other Mash-Up Recordings as well as any other unauthorized uses of the Capitol Recordings and/or other sound recordings owned and/or controlled by Capitol;

(b) cease and desist from the manufacture, sale, offering for sale, offering for download, and/or other reproduction and distribution of the Infringing Artwork as well as any other unauthorized uses of the Beatles Artwork, the Beach Boys Artwork, and/or other artwork owned and/or controlled by Capitol;

(c) provide Capitol with information regarding downloading and/or streaming of the Beachles Mash-Up Recordings and the Other Mash-Up Recordings to date, including but not limited to: (i) the dates on which those recordings were streamed and/or downloaded; (ii) the number of times those recordings were streamed and/or downloaded; and (iii) any and all available information regarding persons who streamed and/or downloaded those recordings;



  Update: I have been informed by my friendly neighborhood sysadmin that records of IPs only stay on our server for three days. Since much of this Internet stuff is lost on me, there was no way for me to comply with EMI’s preposterous request to turn over the information and preserve the data. However—and it is a big however—the data may still exist on the network, and if EMI are scummy enough to subpoena records from my ISP, they may well be able to hunt you people down like the undeserving animals they think you are. I would hope they have more sense.

  EMI can take my little website away if they like, but six more will pop up in its place. I will see to it personally. They can tell me what and what not to make, but in so doing they are challenging me to outdo myself. They can sue me, but I will succeed in making a case for fair use. Copyright law in the United States is meant to protect extant material. The Beachles never existed before I created them. They are in no way intended as an explicit infringement of EMI’s copyright. I created this record as a work of satire. It is a semi-sadistic commentary on the dismal mash-up phenomenon, and a meager tribute to two of the greatest pop bands of the 20th century. And what’s wrong with that, really?

  Also, I’m not going to spend too much longer on this, but there seem to be a few mewling crybabies who still don’t understand why this record sounds the way it does. Let me clear this up. Being out of tune and sloppy is the last thing one would expect from a Beatles and Beach Boys mash-up. Any sane human would expect it to be melodic and perfectly in time. We would expect it to be crafted meticulously, over the course of years, by Brian Eno and Ray Kurzweil in a secret underground laboratory. We would expect the very best of its creator.

  Contradistinctively, the last thing we would expect is for it to be carelessly scrapped together by some hillbilly schmuck with a laptop, just like every other mash-up in existence. It is, simply, a playful demonstration of how well these songs complement one another, in spite of their many differences. If publicity was really what I wanted out of this, I would have made it infinitely more listenable, and doing so would’ve been just as easy. If you didn’t like the Beachles, I suggest that you listen to the Shaggs, who Frank Zappa once said were better than the Beatles. Get a bit of perspective. If you did enjoy yourself, however, I will gladly high-five you at my earliest convenience. Power to the people!

  For those of you who still  don’t understand, I’ll make it easy for you. I am the first to question the artistic legitimacy of this product. What it lacks in concordance and integrity, it more than makes up for in bad taste and impetuosity. Anyway, listen—I’m not gonna hold your hand through this. To anyone who didn’t enjoy this record: thank you for providing the punchline to an otherwise meaningless joke. You’re all winners in my book, though unfortunately there is no booby prize. Ciao!

In Your Face.


  Okay, here is the full C&D, just as it appeared in my inbox. For months now, the GYBO dorks have been insinuating that I never received one, and I feel like enough time’s gone by that I don’t really need to worry about posting it anymore. Normally I wouldn’t give in to such whimpering infants, but they deserve to be proven wrong, and then shot in the face. I’ve stitched it together from screen captures, but other than that it appears unedited. Click on the image below to enlarge it.


Gestures of Kindness

  1. A letter is not confidential just because they type it in bold print at the top. Unless you signed a non-disclosure agreement, they have no reasonable expectation of confidentiality.

    Gesture delivered by Jon — @

  2. I’ve talked to a few attorneys today, one of whom was with the EFF. He said essentially the same thing you do… that I can publish the letter. None of them have looked it over, though, and until one of them does, I’m not taking any chances. This looks unlike any C&D I’ve ever seen, and it states in a matter-of-fact tone that if I do not relinquish IPs, they will use whatever means necesssary to obtain the information. They gave me until 5PM today, so I guess I missed their laughable deadline. w00t! So much for keeping up appearances, EMI… now everyone knows how little of a shit you actually give about art. No one should ever be be bullied for following a link. Excelsior!

    Gesture delivered by Clayton — @

  3. I’d love it if you’d publish their threatening legal letter. Then we could see EMI speak for itself in its own words, for all to see how petty they are in squeezing the underdog.

    Gesture delivered by rob g — @

  4. Sorry to hear you’re having such trouble, friend. I meant to DL this off you a couple days back– now I had to go find it on SLSK… Anyways, I’ll play it tonight on my radio show– call in if you feel like it. There’s contact info at my page, and my old playlists. Good luck! –DaveX

    Gesture delivered by Dave X — @

  5. I heard about your mashups and the EMI bullshit today and the only way I was able to get to your site is through a proxy — Time Warner is probably a co-conspirator in this madness.

    I’m definitely downloading some Beachles now… I want to hear what they want to suppress, and turn it up real fucking loud!

    Gesture delivered by c-dog — @

  6. keep me posted and if I can help, write me …

    Gesture delivered by rick — @

  7. came here via boing-boing. cory wrote this up, so eff knows about it. hopefully, they will offer some aid. hey, wait! isn’t emi supposed to use their goons at the riaa to thug up on you? anyways…

    i’m an atheist, so i don’t pray, but my prayers will be with you, even though i won’t be praying.

    sincerely, all the best to you!!

    Gesture delivered by shmengie — @

  8. I listened to a few tracks earlier in the week and I liked them… now I can’t find them… I think I’ll need to replace limewire, it never finds anything…

    Gesture delivered by Havanacus — @

  9. You might want to try searching for “the Beachles” – without quotes. For some reason, I’m thinking that a search for “Beachles,” without the “the” in front of it, might not return anything. I’m not sure if that will work, as I’ve never used a copy of LimeWire for illegal purposes, but it could.

    Gesture delivered by Clayton — @

  10. Amen brother, stick it to the man etc etc

    the great prophet hicks would be proud of you

    Gesture delivered by martin — @

  11. Yeah, I love Bill Hicks. Too bad they had to KILL HIM.

    Gesture delivered by Clayton — @

  12. I don’t get these clowns… You do something fun which, although perhaps of questionable legality as far as copyright goes, is certainly covered by the “it would never in a million years result in a single lost sale” argument, and they want to pull an RIAA on you?

    Joke ’em if they can’t take a f**k. I mean, if anything, it will result in sales for both bands that wouldn’t have ever happened otherwise.

    The press they’re going to get from their response is not going to be good… What were they thinking?

    As for the confidentiality of their email… I’m not a lawyer, but as far as I know you never signed anything agreeing to any terms of confidentiality. You’re well within your rights to post it anywhere you so desire.

    Gesture delivered by Jake — @

  13. I own Sgt Pepper on LP and CD, Petsounds on CD, and recently downloaded the Beachles’ Sgt. PetSounds. I love all four and hate the RIAA and their music gestapo scare-tactics.
    Keep up the good work and fight the good fight, claytoncounts.
    You, the Beatles, and the Beach Boys RAWK!

    Gesture delivered by atom — @

  14. errr… EMI I hate….

    Gesture delivered by atom — @

  15. Dude, I haven’t heard or heard of this, but after reading that fine rant, I’m 100% behind you. And no, I don’t know why my name shows as George C. Chesbro.

    Gesture delivered by George C. Chesbro — @

  16. Thanks a bundle, guys. Please send this rant, along with links to pertinent articles around the web, to everyone you know. Let’s bring EMI to its knees and scream Sex Pistols songs at its adipose burdened cadaver.

    Gesture delivered by Clayton — @

  17. You should set up a legal defense fund, or at least start begging on the forums for some enterprising young law student to assist you pro-bono.

    Maybe the EFF? I know Cory over at BoingBoing used to be on their board or something. I’ll bet he could hook you up, seeing as how he’s sympathetic to the cause.

    Fuck EMI, fuck the RIAA, and fuck anyone else who thinks that there should be ANY overlap between ‘law’ and ‘art’.

    Anyhow thanks for the brief period of entertainment that wasn’t entrainment, and keep up the good fight. If you ever get that defense fund setup, I’ll donate whatever pittance I can currently afford.

    Gesture delivered by Steve — @

  18. If they don’t back down and shut up PDQ this ought to filter through to Paul and Brian – I don’t know much about Brian but Paul is a good guy and has a lot of pull with EMI.
    Here’s hoping. And anyway,how come the Beatles KEEP having to sue EMI for royalties, and how come they always win? Looks like EMI are a bunch of THIEVES.
    Hey EMI, I downloaded it. I have bought Pet Sounds cd once, Pet Sounds box set once, Sgt Pepper LP once, and I’ve been given another Sgt Pepper LP.
    I am the hugest Beatles fan but I only bought three of their albums on cd because the sound SUCKS. If EMI want to earn more money why don’t they treat their material with RESPECT, then I might buy it all over again (I have all the Beatles stuff on LP but I don’t get to play it because I don’t have an LP player any more). Why don’t they do their job properly instead of picking on people who are taking music forward as the Beatles did in their day? John Lennon used a couple of lines from Chuck Berry in ‘Come Together’ and got sued, he was VERY pissed off about it. It was a reference, not plagiarism. EMI have no understanding how culture develops; all they do is suck its blood.

    Gesture delivered by Freddy — @

  19. Yeah, post the email, lots of people post these emails; if you receive a letter you have the right to publish it. Or email it to me, I’ll stick it on usenet.

    Gesture delivered by Fred — @

  20. well, i’m going to d/l this. it sounds awesome. i own both albums and i love good mashups.

    thanks EMI! i probably never would have heard about this without the publicity your lawsuit generated.

    corporations are slimy. we need to destroy even the very idea of a corporation beyond the powers of memory to recall that it ever existed.

    Gesture delivered by king mob — @

  21. Grabbed copies a couple days ago, but never dreamed that EMI would come down on yez. Bad noise, mate.

    Linked your remarks off me feeble blog and offered anyone who wants the Beachles to mail me and ask. We’ll play Spartacus in yer honor. They canna prosecute us all.

    Gesture delivered by Navan Ghee — @

  22. What fools they are at EMI.

    The economic gap between the suits and the people they steal from is already huge, why would they want to put themselves further on the douchebag side? Also, since they own the licensing and rights to the music, maybe they could have come up with a more creative solution – pay you for the production of the album, then release the tracks on one of the many digital music services where consumers are going to!!! Holy shit, THERE’S an idea. (I bet people would have paid for it, because people DO pay when something is worth paying for…)

    But no, whitey has to strongarm creators and listeners because when they can’t figure out a way to get their Little Piggy fingers on money, they all gather in their Little Piggy shed and snort about until they only solution they have is piss people off.

    EMI could have played the whole thing to their advantage. They could have gotten behind something creative. They could have understood the distribution platform of the internet and how consumers use it to find new and exciting artists. But instead, like all suits, they act like spoiled rich kids who think they should be the only ones who get to have nice things.

    Doesn’t surprise me. And I bet one of the white men involved in this at EMI used to actually believe in music and had a dream of finding new and exciting artists.

    Now all he thinks about is what’s for lunch.


    Gesture delivered by pJ — @

  23. I love your attitude and I applaud you and would like to do whatever I can to support you in your fight against these bloodsucking robots. I’m broke so I can’t really give you cash, but I do have time.
    Is there somewhere at EMI we can write letters to?

    Just quickly poking around their website I found these:
    Corporate Communications Department
    EMI Group plc
    27 Wrights Lane
    W8 5SW
    Tel: +44 (0)20 7795 7000

    New York
    Corporate Communications Department
    EMI Music North America
    150 5th Avenue
    New York NY 10011
    Tel: 212-786 8000

    but if you have something more specific, please let us all know. I’m going to call the number in new york and badger them when they open on Monday.

    Gesture delivered by Sillyrabbi — @

  24. Actually, if you really want to get down to the root of the injustice, it’s with copyright and trademark law itself. Companies that hold copyrights and trademarks are REQUIRED to vigorously pursue any case that could even remotely be considered infringement; if they don’t, it affects their ability to seek action against more clear-cut infringers (i.e. those who are in it for commercial gain) in the future.

    The lawyers who composed that cease-and-desist letter know full well that what they’re threatening is largely a bunch of baloney, but they’re forced to issue it anyway because of the way the law is set up.

    Gesture delivered by Devil S. Advocate — @

  25. It is almost tempting to boycott Capitol – but you do not want to harm the artists – Old or New.

    But SOMETHING has to be done – this is getting out of hand

    Gesture delivered by George M. — @

  26. Good on ya mate.

    Gesture delivered by Bil — @

  27. keep the article alive

    Gesture delivered by Anonymous — @

  28. The last two EMI CDs I bought were Japanese pressings of Blur’s “Think Tank” and Radiohead’s “Hail to the Thief.” Both of them had some sort of copy-protection on them that prevented them from playing in my computer, my only CD player at the time. They had some ridiculous “player” software on them that only worked properly about 10% of the time.
    Now EMI wants to sue you and wants my IP address for taking a listen to your (non-commercial) works. Screw them. I have purchased my last EMI CD. I post this here because I assume they are monitoring this site and I want them to read this.

    Gesture delivered by saru — @

  29. Downloading as we speak.

    If everyone downloads it, give ’em the IPs. Good luck to EMI in identifying and pursuing HUNDREDS OF THOUSANDS of individuals all over the world for downloading a piece of art that will have no effect on sales of the original albums, nor will it make any money for its creator.

    Tilting at windmills, EMI. Your time is coming to a close.

    Gesture delivered by Enda P — @

  30. I stumbled upon this through Techdirt’s link to the Boing Boing article (what a long, strange trip it’s been). I am currently downloading the Beachles because I feel that I must play a part (no matter how small) in this Civil Disobedience. I’m glad that you’re taking a stand, and I hope that the blood-suckers at EMI will get it through their thick skulls that they can’t treat people like crap and expect them to still support their company. Fight the power!

    Gesture delivered by SailorAlphaCentauri (Kay) — @

  31. To an earlier suggestion that any boycott of EMI would harm the artists: EMI themselves harm the artists daily. They harm artists on their label, as well as small-time artists like me. They take unfair advantage of their own artists in every way they can, which is part of the reason that bands like the Beatles have sued them in the past. Yes, I know it was EMI’s responsibility to send out a C&D, but they do not have the right to tell people what they can or cannot make; neither do they have the right to look into your background as the result of you innocently clicking on a link. Thanks also to Erin for the McDonald’s image… I’m going to put that on a t-shirt!

    Gesture delivered by Clayton — @

  32. this is a copy of the letter I sent to EMI:

    Dear EMI Legal Staff,
    I LISTENED to a few of the cuts of Clayton’s Beatles/Beach Boy’s mash up of Pet Sounds and Sgt. Peppers. If you’d like to file suit against me for listening to this work, my contact info is included below.
    Please don’t bother my ISP as I have a dynamic not and static connection and they have much better thing to do than try to find out who I am for you, so you can, in some sort of “barking male dog bluster” threaten legal action, to scare off a few artist types from making mash-ups by making examples of them. I doubt this strategy would work anyway.
    Please send any legal action documents to me as I will be more than happy to forward them to my legal staff. I will make you pursue this matter to prove that I did indeed download and keep the said electronic item that you say violates copy write law, with the intention of copying and distributing it, and most likely file counter suit. As I truly have nothing better to do.


    CHAOS Studios
    802 N. Weber St.
    COS CO. USA 80903
    AE blog- http://aetrinitypro.blogspot.com/
    CHAOS blog- http://chaosartspace.blogspot.com/
    NEODADA blog:http://neoantiblog.blogspot.com/

    “without deviation from the norm, progress is not possible” FZ.

    Gesture delivered by atomic elroy — @

  33. wow! i read the tech-dirt article then found you here then had to go through quite a rigamarole to get the album, but it was TOTALLY worth it! awesome stuff! those are two of my favorite albums of all time and to hear them together like that is both terrifying and exhilarating. cheers. and good luck!

    Gesture delivered by man — @

  34. EMI can suck my cock. What a bunch of utter asswipes. No, wait- that’s an insult to asswipes. I guess English doesn’t have a word stupid enough to describe the anus-brained retards at EMI Legal.

    Gesture delivered by Mik — @

  35. Clayton,

    One word, PARODY. The unique United States fair use defense.

    1. You were making a social commentary.

    2. On the Beatles and the Beach Boys.

    3. It was a use that was unlikely to be licensed because it is a commentary on the music itself.

    Go talk to a a first amendment attorney.

    Gesture delivered by Renyes — @

  36. That’s total bullshit, i’ve mailed EMI that they can’t be serious, and that i immediatly stopped buying emi records. I will notice this incident on the upcoming hazardgamer.com podcast (it’s in german, sorry guys) and will help to get the word around. As arecord company, emi should look foward to contribute to the music community itself! Not looking forward on how to generate more revenue through stupid lawsuits!

    Gesture delivered by xpgx1 — @

  37. Good luck for your fight with EMI.
    I will boycott them forever.

    Gesture delivered by onono — @

  38. just sent my mail to EMI.

    best luck.

    keep resisting!

    Gesture delivered by Jonas Schneider — @

  39. wow

    one more reason to not ever buy another national record ever.

    way to alienate your customer base EVEN MORE.

    Gesture delivered by nachobel — @

  40. If you need to speak with a lawyer about your situation, I’d be happy to talk to you for free. I think you’re getting screwed, and if you need a lawyer, I can at least provide a little free advice.

    Chris Odell

    Gesture delivered by todell — @

  41. Thank you. It seems that Time Warner has seen fit to terminate my home Internet activity. I will be contacting some of you as soon as I have a free minute online. Thank you all so much for the support and encouragement. I will not let you down.

    Gesture delivered by Clayton — @

  42. It’s a shame EMI objects to your work, but I doubt they’ll sue you if you remove the “offending” files from your website. Cease and desist means just that – stop – and it really wouldn’t be worth it for them to sue. I doubt they could prove a penny of monetary damages. The only point of a suit would be to get you to stop. (Unless they want to make an example, which is made more likely if everyone keeps bashing them.

    Gesture delivered by mafunzalo — @

  43. As chief instigator of said bashing, I hope the World never stops. EMI can only make an example of itself, as it has done in the past. I’ve removed the files, but the presumption that I should be ashamed for what I’ve done is flawed inherently. I am standing my ground because it’s mine to stand, and I believe in what I’m doing. I doubt that many of their attorneys could say the same. But you’re right… they’ll have me killed before they sue me. According to copyright law, I am well within my rights to have created this record.

    Gesture delivered by Clayton — @

  44. Post something like this you mean…

    I have just read the reports of your pitiful attempts to curb the distribution of the Sgt Pepper/Petsounds mashup. By all means reply and convince me that this in any way infringes your copyright of these two original works or, and I guess this is more critical from your pov, affects sales of your product. On the contrary, it is more than likely that exposure to this separate unique creation will direct listeners to the original recordings. Along with just about every family in the known universe I already own copies of both works in multiple formats so you have more than had your money’s worth from me. I will now make it my mission to obtain a copy of the mashup even though the chances are that at the age of 57 I am unlikely to view it as an improvement on the superb originals – that said I still rate Revolver as the definitive Beatles album. Or, a further thought occurs to me. Is this just sour grapes that your company didn’t think of the idea first. Whoa, a missed opportunity there. Memo to self – must be more creative…



    Gesture delivered by Dave Johnson — @

  45. (Some Sort of)

    so clayton do I understand this correctly that EMI wants to get you because they don’t like the “quality” of art you produced here?

    If that is the case, do you know by any chance if SCOOTER or SUPERTRAMP is under contract with EMI?
    If that would be the case I fear if they somehow get the word what

    -compared to your really FUN ARTwork(!)-

    diletantic work I have created in July they will not simply send me a PM with a C&D letter, but will directly send some assasin to get me


    Gesture delivered by kdsde — @

  46. Dear EMI’s

    I’m form Caracas, Venezuela and I downloaded the Beachles stuff just for my musical pleasure and without paying a cent. Am I guilty ?. Will you sue ?. Will you send a SWAT commando in order to arrest me or maybe a Scotland Yard commitive to investigate such a crime ?. Thanks for the laughs and good luck with your chase,

    Lucio Cammarata (aka AldouxHuxley)
    Caracas, Venezuela.

    Gesture delivered by AldouxHuxley — @

  47. I just posted an article about your battle. We need another Grey Tuesday!

    I’m sending this info to Future of Music and Downhill Battle, im sure they picked up on it already.

    If youd like to come to Nashville, we’d love to have you as a speaker, compensate you for hosting a seminar. Regardless, we support you!

    Gesture delivered by Robin Whitney — @

  48. I wrote them and thought I’d reprint the letter here:

    I just thought I’d offer my support for Clayton Counts, the creator of the Beatles/Beach
    Boys hybrid electronica project The Beachles. Considering we both know that his works
    that take samples from Capitol artists falls within the legal range of smapling from
    other materials that collage artists and electronic musicans have operated under for many
    years one can only assuem you’re attempting some sort of chilling effect against people
    who promote – and make no revenue from – the music you sell. Somehow the legal
    departments of the major labels have duped the label suits into believing that free
    advertising and promtion of their artists on the internet will lead to total financial
    ruin. Sitting around scared that a largely-unlistenable-to-the-majority-of-people track
    of 2-second clips from Eleanor Rigby is going to cost you a cent is preposterous – nobody
    is going to forego purchasing a Beatles album because the have an almost-wholly unrelated
    song that makes use of a tiny piece of a song from it, if anything it will spark interest
    in the source recordings. This cease and desist, however, will lose you money – probably
    not much, but this ongoing belligerence towards the music listener will continue to erode
    the major labels’ already failing connection to the discerning music buyer.

    I encourage you to drop any legal actions regarding the Beachles recordings, and to take
    a moment and consider the ramifications of what both this artist and your company are
    actually accomplishing.


    Morgan King
    Yer Bird Records

    Gesture delivered by YerBird — @

  49. I’m never buying any recording from EMI AGAIN.

    Saves me a lot of money which will be spent elsewhere !

    Gesture delivered by Makew — @

  50. love.

    Gesture delivered by steve — @