David Ferguson | |
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Born | citation needed] | March 11, 1947 [
Nationality | United States |
Occupation | Promoter |
Website | Institute For Unpopular Culture |
David Ferguson, a California-based promoter (mostly in San Francisco), has recorded and promoted underground music artists.
Ferguson founded and presently heads Institute For Unpopular Culture (IFUC), a San Francisco-based alternative arts organization.[clarification needed] IFUC takes a volunteer-grounded approach to business and non-profit management that has guided Ferguson's efforts to promote artists whose work frequently resists commercial categorization.[citation needed][clarification needed] The San Francisco Chronicle referred to Ferguson as the "godfather of the unorthodox", adding that Ferguson "...not only thinks outside the box—he crushes it, dances on top of it, reinvents it and calls it whatever he likes. He has spent his life making trouble."[1] The East Bay Express commented, "David Ferguson's life story reads like an encyclopedia of the underground."[2] A project of note undertaken by IFUC was promoting and exhibiting the art of William Noguera, a Death row inmate at San Quentin.[3]
In a career spanning more than four decades, Ferguson has worked with an array of artists, among them John Lydon (a.k.a. Johnny Rotten),[4] Iggy Pop,[5] the psychedelic drag queen group, The Cockettes,[3] and underground cartoonist Vaughn Bodé.[6] As an activist, Ferguson organized and led anti-war protests in the 1960s.[7]
Early career
Student
In 1965, Ferguson enrolled at the University of Miami.[8] Called a "hellraiser" by the university paper, The Hurricane,[7] Ferguson organized numerous anti-war activities. He was co-leader of the Union of Students to End the War in Vietnam,[8]: 96 one of the first student organizations in the Deep South to publicly question U.S. military action in Southeast Asia.[citation needed] His leadership role in these on-campus protests eventually led to his expulsion from the university.[9]
The Cockettes
After leaving college, Ferguson relocated to the hotbed of 1960s counterculture, San Francisco. In 1969, Ferguson met the performance troupe, The Cockettes, dressed in full sequined drag queen regalia, on a beach north of San Francisco.[1] Ferguson struck up a relationship with the group who, three years later, asked him to produce some shows.[1]
Even against the tolerant backdrop of San Francisco, The Cockettes' bawdy performance antics presented thorny PR issues. Anecdotes made the rounds of the tactics Ferguson used to sneak the troupe and its outrageous stage behavior by wary club owners:
"For nearly 20 years, Mr. Bimbo [Agostino Giuntoli, owner of Bimbo's] had presided over his lavish and busy supper club five nights a week, and he was nervous about renting the place out...In fact, he was so nervous about that prospect that he asked David Ferguson to sign an affidavit of sorts—on the back on an envelope—swearing that he would allow no naked women to perform onstage. It was only after seeing the show that Mr. Bimbo got the joke and realized how funny his prohibition was. 'David,' he said, as he approached the table, laughing. 'I can see that I have to be careful with you. You promised me no naked women, but you said nothing about naked men.'"
Pam Tent, Midnight at the Palace[10]: 110–112
Lecture agency
In 1973, Ferguson formed a lecture and appearance scheduling agency,[11] giving himself a way to further pursue the anti-establishment politics in which he had participated as a university student. His client list included members of the Black Panther Party,[1][2] Joan Little,[1] Paul Krassner,[11] Stewart Brand,[11] and Michael McClure.[11]
CD Presents
Public Image Ltd. Concerts
![](https://upload.wikimedia.org/wikipedia/commons/4/47/PiLposterforWikipedia.jpg)
In 1979, Ferguson co-founded[12] CD Presents as a concert promotion company, which later expanded into a studio and record label.[citation needed]
Ferguson's concert promotion career took an important turn when he was asked to produce West Coast shows for Public Image Ltd. during their 1980 American tour.[4][5] In keeping with the group's iconoclastic image, PiL balked at major label promotion to back its tour, insisting instead on working with smaller, independent promoters.[4] This led to the band's association with CD Presents.
In Los Angeles, the Olympic Auditorium show proved a watershed event in punk music, including the first notable appearance of Los Lobos. CD Presents had difficulties scheduling the San Francisco date of the tour due to issues with Premier Talent (a top tour agency), Warner Bros. Records (PiL's U.S. label), and Bill Graham (head of the San Francisco-based Bill Graham Presents and the music industry's most powerful promoter).[4]
In addition to PiL, Ferguson worked with many influential U.S. punk music bands.[1][2][3][5] Through 1982, CD Presents arranged shows in L.A. and San Francisco for the The Avengers,[2][3] The Go-Gos[1][2] and D.O.A..[5]
Label
![](https://upload.wikimedia.org/wikipedia/commons/thumb/9/92/CDPresetsBTlogo.jpg/150px-CDPresetsBTlogo.jpg)
The alternative culture-led backlash against the corporate-dominated entertainment of the Reagan era helped position Ferguson and CD Presents at the forefront of an especially prolific period of punk and alternative music. The CD Presents label recorded either in studio or in concert, The Avengers,[13] Dead Kennedys,[citation needed] Black Flag w/ Henry Rollins,[citation needed] Bad Brains,[citation needed] Circle Jerks,[citation needed] Flipper,[citation needed] The Subhumans,[citation needed] D.O.A.,[14]: 126, 128–129 Butthole Surfers,[citation needed] Tales of Terror,[citation needed] NOFX,[citation needed] TSOL,[citation needed] Minutemen,[citation needed] MDC,[citation needed] Dirty Rotten Imbeciles (D.R.I.),[citation needed] Corrosion of Conformity,[citation needed] Naked Raygun,[citation needed] Mojo Nixon,[citation needed] Flipper,[citation needed] The Adolescents,[citation needed] and The Dwarves.[citation needed] The San Francisco group The Offs recorded its First Record (1984) album under the CD Presents banner.[citation needed] For that record, Ferguson purchased art from Jean-Michel Basquiat.
At the same time that the definitions of punk and alternative music began to loosen, CD Presents signed and promoted an ever-broader range of songwriters and bands. The label signed Billy Bragg in 1984,[citation needed] helping the UK songwriter gain an American audience by releasing his first two albums (Life's a Riot with Spy Vs Spy and Brewing Up with Billy Bragg) in the US.[citation needed] In 1987, CD Presents released Hysterie, 1976-1986, a compilation of songs by the avant-garde musician, poet and actress, Lydia Lunch. Electronic music artists and post-punk, avant-garde acts also recorded under Ferguson's label, such as Tuxedo Moon and Minimal man.
As recently as 1998, Penelope Houston of the Avengers claimed that at the time, CD Presents owed her money.[13]
Distribution
Ferguson began the Buried Treasure division to distribute the record catalogs of nearly 100 labels.[citation needed] Newer labels, such as Wax Trax! Records (Ministry), first gained traction in the industry by turning to Buried Treasure, which became Wax Trax!'s first distributor west of the Rockies.[citation needed] Buried Treasure also distributed various singles from pre-Nevermind[specify] Nirvana,[citation needed] delivered records for the labels TVT Records[citation needed] (Nine Inch Nails) and Sub Pop (Pearl Jam[citation needed], Everclear[citation needed]), and distributed product for Epitaph Records,[citation needed] culminating with The Offspring's 1994 breakout album Smash, which sold 16 million copies (the highest-selling independent album of all-time) and, for the first time, established independent distribution as a commercially lucrative business.
Institute For Unpopular Culture (IFUC)
In 1989 Ferguson founded the Institute For Unpopular Culture, which carries on in a non-profit model[clarification needed] the same goals Ferguson championed in the more business-oriented framework of CD Presents."It is our aim to subvert all commercial avenues of art exploitation," explained Ferguson. "It's not that we dislike people who own art galleries, we just think there could be a viable alternative."[11] The IFUC is highly regarded within the San Francisco arts community[who?] for its commitment to alternative arts and its ability to mobilize financial and network support for non-profit artistic expression.[15]
Ferguson's and IFUC's stated mission is to discover and mentor outsider artists and creative people by assisting with public relations, business, counseling, opportunities, access to equipment, and funding for their projects.[1]
Ferguson founded[5] The Punk Rock Orchestra, a 50-plus member collaboration which recasts punk songs in an orchestral format.[2][16] The Punk Rock Orchestra embodied Ferguson's dedication to balancing the artistic and the flippant: "One shouldn't take David Ferguson too seriously. His Institute For Unpopular Culture and its requisite Punk Rock Orchestra practically legitimize all that is absurdly-and ironically-postmodern."[17] The orchestra has been featured on NPR[18] and was voted San Francisco's Best Local Band in 2005[19] by readers of the SF Weekly newspaper.
IFUC's sponsorship of William Noguera, an artist who painstakingly crafts photorealistic paintings with thousands of ink dots with a rapidograph pen, garnered public attention and triggered controversy given that Noguera has, since 1983, been on death row at California's San Quentin State Prison.[3]
Legal History
Ferguson was sued in 1984 by D.O.A. over who owned the copyright to certain songs, as well as future D.O.A releases.[14]: 154 An out-of-court settlement was negotiated about a year later.[14]
In 1994, Buried Treasure, Inc. sued Frontier Records, BMG Music, and members of the Avengers in federal district court.[20] Buried Treasure lost, and Frontier Records/BMG were awarded a little over $15,000 for legal costs.[20]
Since 1990, Ferguson and his companies have been named the defendant in numerous lawsuits in the City and County of San Francisco.[21][22][23][24][25][26][27][28][29][30][31][32][33][34][35][36][37][38][39][40]
Some cases have been dismissed, such as John Gluck v. Institute For Unpopular Culture,[35] which was brought against the IFUC. In that case it was determined that the IFUC did not owe any money to Gluck. However, in the case John Gluck v. David Ferguson,[37] it was found in small claims court that Ferguson personally did owe him money, resulting in a settlement under $500. Court records show that full payment was made.
Several other cases have also found that Ferguson and/or his companies owe money,[30][31][34] including that brought by Sequoia Law Group LLP, who won a default judgment against Ferguson for $5,090 in December 2008. The court found that Ferguson "failed to pay Plaintiff for legal services rendered."[39]
In a current case—Idell & Idell, LLP v. David Ferguson—Ferguson's previous attorney is claiming breach of contract. The complaint states Ferguson breached the contract due to non-payment of legal services rendered, and seeks approximately $40,000.[40]
References
- ^ a b c d e f g h Martine, Lord (2002-03-29). "Ferguson finds unconventional fits him just right". San Francisco Chronicle. Retrieved 2008-11-25.
- ^ a b c d e f Kalem, Stefanie (April 16, 2003). "Chamber Punk". East Bay Express. Retrieved 2008-11-26.
- ^ a b c d e Lawrence, Ella (December 27, 2006). "In Pen and Ink". SF Weekly. Retrieved April 3, 2008.
- ^ a b c d Wechsler, Shoshana (1980). "Public Image: The Emperor's New Clothes". Damage Fanzine. Retrieved 2008-11-26.
- ^ a b c d e Jarrell, Joe (9-26-2004). "Putting Punk In Place -- Among the Classics". San Francisco Chronicle. Hearst Communications Inc. pp. PK-45. Retrieved 2009-01-08.
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(help) - ^ National Lampoon, February 1975, p. 92.
- ^ a b The Miami Hurricane, August 9, 1968. p. 25.
- ^ a b University Of Miami Yearbook, IBIS. 1968.
- ^ Jednak, Robert. "Ferguson Disciplinary Decision Expected Today." The Miami Hurricane. December 19, 1967. p. 1-2.
- ^ Tent, Pam (2004). Midnight at the Palace: My Life as a Fabulous Cockette. ISBN 9781555838744.
- ^ a b c d e Tudor, Silke. House of Tudor. SF Weekly, May 19, 2004
- ^ Zinko, Carolyne (3-1-2008). "Out & About: Fashionable philanthropist feted". San Francisco Bay Area SFIS Special Sections. Hearst Communications, Inc. p. 4. Retrieved 2008-12-07.
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(help) - ^ a b Unterberger, Richie (May 1, 1998). Unknown Legends of Rock 'n' Roll. Backbeat Books. pp. 254–258. ISBN 978-0879305345.
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(help) - ^ a b c Keithley, Joe (2004). I, Shithead: A Life in Punk. Arsenal Pulp Press. ISBN 978-1551521480. Retrieved 2008-12-20.
- ^ Feinstein, Julie. Just Think SF Weekly, August 16, 2000. Retrieved April 4, 2008.
- ^ Swan, Rachel (June 11, 2003). "Outcast Orchestras". East Bay Express. Retrieved 2008-11-26.
- ^ Flavorpill SF, May 18, 2004
- ^ Evnochides, Fawnee (April 24, 2004). "Punk Orchestra". Weekend Edition. NPR. Retrieved 2008-12-07.
- ^ "Readers' Poll". SF Weekly. 2005. Retrieved 2008-11-26.
- ^ a b Buried Treasure, Inc. V. Frontier Records, BMG Music, The Avengers, et al., C93 3246 EFL (N.D.Cal October 21, 1994).
- ^ Case Number: CSM-90-500478 JDC RECORDS VS CD PRESENTS LTD
- ^ Case Number: CUD-93-096566 GORDON, NEIL et al vs. BURIED TREASURE, INC., A NEVADA CORPORATION et al
- ^ Case Number: CSM-94-740865 SAN FRANCISCO COPIER PRODUCTS VS BURIED TREASURE.,INC
- ^ Case Number: CSM-94-742234 SAN FRANCISCO COPIER PRODUCTS VS FERGUSON, IRENE J. : PRES. et al
- ^ Case Number: CSM-94-743251 SAN FRANCISCO COPIER PRODUCTS VS BURIED TREASURE, INC.
- ^ Case Number: CSM-94-744560 SAN FRANCISCO COPIER PRODUCTS VS FERGUSON, IRENE J. PRES. et al
- ^ Case Number: CGC-95-116400 KOCH INTERNATIONAL L.P. vs. BURIED TREASURE, INC. A CORP. et al
- ^ Case Number: CUD-95-117899 GORDON. NEIL vs. BURIED TREASURE, INC. et al
- ^ Case Number: CSM-95-748576 RAJ RECORDS, RICHARD ROCKLEWITZ VS BURIED TREASURE, INC., DAVID FERGUSON
- ^ a b Case Number: CUD-96-136597 KOUBA, JON HENRY vs. FERGUSON, DAVID et al
- ^ a b Case Number: CSM-99-782112 FRESIA, JERRY VS FERGUSON, DAVID H.
- ^ Case Number: CSM-00-026174 FRESIA, JERRY VS FERGUSON, DAVID H.
- ^ Case Number: CSM-00-782112 FRESIA, JERRY VS FERGUSON, DAVID H.
- ^ a b Case Number: CGC-01-401337 XEROX CORPORATION VS. THE INSTITUTE FOR POPULAR CULTURE et al
- ^ a b Case Number: CSM-06-818194 GLUCK, JOHN J. VS INSTITUTE FOR UNPOPULAR CULTURE et al
- ^ Case Number: CSM-06-818195 JINGLEHEIMER, LLC VS FERGUSON, DAVID
- ^ a b Case Number: CSM-06-818197 GLUCK, JOHN J. VS FERGUSON, DAVID H.
- ^ Case Number: CPF-08-509007 JOHN GLUCK VS. DAVID FERGUSON
- ^ a b Case Number: CSM-08-827008 SEQUOIA LAW GROUP LLP VS. DAVID FERGUSON
- ^ a b Case Number: CGC-08-480109 IDELL & IDELL,LLP et al VS. DAVID FERGUSON et al