WHAT ARE THE ROUNDER DOUGH-BOYS AFRAID OF?

In 1984, Haagen-Dasz ice cream- a division of Pillsbury- threatened to stop supplying their products to any distributor who sold Ben and Jerry’s ice cream. Rather than give up the popular and profitable brand they already carried, many distributors stopped carrying Ben and Jerry’s products, devastating B&J’s business. B&J took Pillsbury to court for illegal trade practices, but, vastly out-funded and out-lawyered, they concurrently started a public relations campaign to shame Pillsbury into playing by the rules.

B&J’s “What is the Doughboy afraid of?” campaign engendered overwhelming public response, and an embarrassed Pillsbury soon settled out of court – leading to the huge success of Ben and Jerry’s. The contrast between the cuddly, giggly little Pillsbury Doughboy and the giant, cut-throat, corporate bully it represented was the irony that highlighted Pillsbury’s  malice and hypocrisy .

Rounder Records’ owners Ken Irwin and Bill Nowlin have much in common with the Pillsbury Doughboy. For one thing, they are cuddly. They describe themselves as “ex-hippies” and their business ethic as benevolent and socially conscious. “We made our decision right from the start, that we became involved in the business for cultural reasons.” Says Nowlin. “Money is not the major value…..We’re not really out there competing to sign the “next big thing”…. We’re still trying to do something different than what the multi nationals would be doing.”

In fact,  Rounder itself used to be thought of as the brave little indie label that could stand up to the majors through musical and ethical integrity.  So when Rounder Records recently tried to crush the tiny independent record label “Waking Up Music” because it released a CD they felt was competitive with one of theirs, it appeared that Ken and Bill have become merely the loveable little mascots of a company that has become every bit as profit-obsessed and amoral as any multi-national major label.

In February 2003 “Waking Up Music’s founder, William Galison produced and financed the seven song CD “Got You On My Mind” featuring the singer Madeleine Peyroux and himself. (The duo sold the album at their shows and on the internet.) Days after it was finished- without Galison’s knowledge or consent- Peyroux’s lawyer Jeffery Greenberg sent the CD to Rounder, falsely claiming that it was a “demo” that belonged exclusively to Peyroux. The recording contract that Peyroux signed with Rounder also claimed that Peyroux was the sole owner of GYOMM and that she alone was allowed only to sell it at her shows, only until the Rounder record was released. In sworn testimony Rounder wrote: “At or about the time Rounder entered into the contract with Peyroux, Rounder knew that Peyroux had recorded the seven demonstration recordings with Galison as an accompanying musician, which Peyroux was going to sell as a seven-song EP only at her live shows.”The truth is that in addition to being the producer, arranger, financier, and co-artist of the album, Galison is its joint copyright owner and by federal law is permitted to exploit the CD however he wishes, subject to accounting to Peyroux.

When Galison personally informed Ken Irwin and Bill Nowlin that they had been defrauded by Greenberg. Irwin promised to look into the situation. Days later he wrote: “I enjoyed our conversation and was sympathetic to your situation. I was hearing most of what you said for the first time …. I wish you well and feel badly that you find yourself in the position you are in.”

So, did Irwin and Nowlin thank Galison for alerting them about the fraudulent contract and apologize for the misunderstanding? Did they stand by the moral and ethical precepts of their founding vision?

No.

-Rounder participated in an intensive campaign against Galison, including threats of civil and even criminal action, defamation, and illegal commercial interference. They also mounted a massive misinformation campaign, designed to disparage, and even deny the existence of GYOMM.

-According to Greenberg, Rounder directed him to threaten Waking Up Music- as well as any distributor or record company that handled the album- with charges of copyright infringement , a federal crime .

-According to Greenberg, Rounder directed Greenberg to threaten a distributor that was already taking orders for GYOMM with copyright infringement, causing them to remove the album from their catalogue and disregard hundreds of orders they had already received.

- Rounder attempted to have a “protective order” placed against Galison, claiming he had sent “harassing  e-mails” to Rounder. The judge angrily dismissed the motion when he determined that no “harassing” e-mails had been sent.

-Rounder’s PR department announced to the press that GYOMM was “an unauthorized set of demos by Peyroux’ s ex-boyfriend” and that it was the “subject of litigation in New York”

- Rounder “persuaded” Borders books not to sell “Got You On my Mind”- causing Borders to suspend orders for four months.

-Barnes and Noble.com still refuses to sell GYOMM due to “pending litigation.” However, there is no litigation disputing the legality of GYOMM, so who told them there was? B&N.com won’t say!

-Rounder’s intensive PR campaign for Peyroux’s “Careless Love” CD was based on the fiction that Madeleine had neither recorded nor performed at major venues between her 1996 “Dreamland” and 2004 “Careless Love” albums- essentially expunging the existence of GYOMM Peyroux’s 16 months of touring with Galison from her “official bio” and discography.

-Rounder announced on its website that GYOMM “The demo project, Got You On My Mind, will not be released”…. until they received a cease and desist letter from Waking Up Music’s attorney.

-Rounder banned any mention or discussion of GYOMM on the Madeleine Peyroux website for eight months. They recently removed the discussion forum from the website, because fans were interested in GYOMM and the legal dispute around it..

As justification for their campaign of interference, Rounder’s attorney Marty Willard wrote:

“Our A&R department views “Got You On My Mind” as an inferior  demo project and we feel this being serviced to any media …would in fact tarnish the media’s views on Madeleine as an artist and hurt our ability to to get them to approach a new Madeleine Peyroux album with an open mind.”

If that’s what Rounder is afraid of, the following quotes from the media should put their concern to rest:

"Got You On My Mind offers a Madeleine Peyroux in a much more pure, unadulterated setting than she's been heard in before. Together with superb multi-instrumentalist William Gallison, Peyroux swings hard, and steps beyond the Billie Holiday shadow that can so overwhelm her music.

-Jason Koransky- Editor in chief , DOWNBEAT MAGAZINE

“OK, so Got You on My Mind was recorded a full year before Love, but still: Peyroux and Galison are a match made in musical heaven”

-Christopher Louden, JazzTimes.

“[Madeleine’s] work on this CD … is among [her] most natural performances and quite possibly the best recorded example of her vocal talents.”

-Marshall Bowden- Jazzitude.com

So if they’re not afraid that GYOMM will embarrass Madeleine, and they’re not concerned with “signing the next big thing”, and “Money is not [their] major value”….

SO, WHAT ARE THE ROUNDER DOUGH-BOYS AFRAID OF?

For the sake of truly independent labels and of musicians and music lovers who don’t want corporations to dictate what they can listen to, let’s hope Ken Irwin and Bill Nowlin are afraid of losing their moral compass, and the noble ideals on which they founded Rounder Records. 

There is currently a civil action against Rounder Records pending appeal