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{{Infobox Person {{Infobox Person
| name = David Ferguson | name = David Ferguson
| image = DFBioPicWEB.jpeg | image = DFBioPicWEB.jpeg
| birth_date = {{birth date and age|mf=yes|1947|03|11}}{{Fact|date=December 2008}}
| birth_place = ]
| residence = ], ]
| nationality = United States
| occupation = ] | occupation = ]
| website = | website =
}} }}
{{misleading}}
'''David Ferguson''', a California-based promoter (mostly in San Francisco), has recorded and promoted ] artists.


'''David Ferguson''' is an international outsider-culture impresario, activist, music producer and concert promoter. Over his career most of which has been spent on the West Coast—he has worked with musical acts such as ],<ref name="SF Chron Lord"/><ref name="ChamberPunk"/><ref name="Pen and Ink"/> ] (a.k.a. Johnny Rotten),<ref name="Damage">{{cite news|url=http://www.fodderstompf.com/ARCHIVES/REVIEWS/dmage80.html|title=Public Image: The Emperor's New Clothes, Part II|last=Wechsler|first=Shoshana|month=August|year=1980|work=Damage Fanzine|accessdate=2008-11-26}}</ref><ref name="PuttingPunk"/> ],<ref name="People Bragg"> Schindehette, Susan. ''People Magazine''. July 29, 1985. Retrieved on 2009-08-04</ref><ref name="Billy Bragg"> Retrieved on 2009-08-02</ref> ],<ref name="Pen and Ink"/><ref name="PuttingPunk">{{cite web|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/09/26/PKGVR8RVV91.DTL|title=Putting Punk In Place -- Among the Classics|last=Jarrell|first=Joe|date=2004-09-26|work=San Francisco Chronicle|publisher=Hearst Communications Inc|pages=PK-45|accessdate=2009-01-08}}</ref> ],<ref name="NYU"/> ],<ref name="NYU"/> and ]<ref name="Wax Vol 2"/> and visual artists ],<ref name="Bode 2">Vaughn Bode Cartoon Concert, "Cheech Wizard Bites the Dust," National Lampoon, Feb., 1975, Vol. 1, No. 59, pg. 92. Retrieved on 2009-07-30</ref>],<ref name="Pen and Ink"/><ref name="NY Arts"/> and ]<ref name="Pen and Ink"/>. Ferguson worked with multi-discipline artists such as avant-garde musician and spoken-word artist Lydia Lunch and the psychedelic ] performance group ].<ref name="ChamberPunk"/><ref name="Pen and Ink">{{cite web|url=http://www.sfweekly.com/2006-12-27/news/in-pen-and-ink|title=In Pen and Ink|last=Lawrence|first=Ella|date=December 27, 2006|work=SF Weekly|accessdate=2008-04-03}}</ref> Ferguson founded and presently heads ] (IFUC), a San Francisco-based alternative arts organization.{{Clarifyme|reason=alternative to what? Is it an alternative-arts organization or a alternative arts-organization}} 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.{{Fact|date=November 2008}}{{Clarifyme|reason=what does this mean? What is commercial categorization?}} The ] 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."<ref name="SF Chron Lord">{{cite web|last=Martine|first=Lord|url= http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/03/29/WB128674.DTL|title=Ferguson finds unconventional fits him just right|work=San Francisco Chronicle|date=2002-03-29|accessdate=2008-11-25}}</ref> The ] commented, "David Ferguson's life story reads like an encyclopedia of the underground."<ref name="ChamberPunk">{{cite web|url=http://www.eastbayexpress.com/artsculture/chamber_punk/Content?oid=284914|title=Chamber Punk|last=Kalem|first=Stefanie|date=April 16, 2003|work=East Bay Express|accessdate=2008-11-26}}</ref> A project of note undertaken by IFUC was promoting and exhibiting the art of William Noguera, a ] inmate at ].<ref name="Pen and Ink">{{cite web|url=http://www.sfweekly.com/2006-12-27/news/in-pen-and-ink|title=In Pen and Ink|last=Lawrence|first=Ella|date=December 27, 2006|work=SF Weekly|accessdate=April 3, 2008}}</ref>


In a career spanning more than four decades, Ferguson has worked with an array of artists, among them ] (a.k.a. Johnny Rotten),<ref name="Damage">{{cite news|url=http://www.fodderstompf.com/ARCHIVES/REVIEWS/dmage80.html|title=Public Image: The Emperor's New Clothes|last=Wechsler|first=Shoshana|year=1980|work=Damage Fanzine|accessdate=2008-11-26}}</ref> ],<ref name="PuttingPunk">{{cite web|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/09/26/PKGVR8RVV91.DTL|title=Putting Punk In Place -- Among the Classics|last=Jarrell|first=Joe|date=9-26-2004|work=San Francisco Chronicle|publisher=Hearst Communications Inc|pages=PK-45|accessdate=2009-01-08}}</ref> the psychedelic ] group, ],<ref name="Pen and Ink"/> and underground cartoonist ].<ref>National Lampoon, February 1975, p. 92.</ref>
The ] 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."<ref name="SF Chron Lord">{{cite web|last=Martine|first=Lord|url= http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/03/29/WB128674.DTL|title=Ferguson finds unconventional fits him just right|work=San Francisco Chronicle|date=2002-03-29|accessdate=2008-11-25}}</ref> The ] wrote, "David Ferguson's life story reads like an encyclopedia of the underground."<ref name="ChamberPunk">{{cite web|url=http://www.eastbayexpress.com/artsculture/chamber_punk/Content?oid=284914|title=Chamber Punk|last=Kalem|first=Stefanie|date=April 16, 2003|work=East Bay Express|accessdate=2008-11-26}}</ref>
As an activist, Ferguson organized and led anti-war protests in the 1960s.<ref name="Hurricane680809">The Miami Hurricane, August 9, 1968. p. 25.</ref>

Ferguson founded and presently heads the ], a San Francisco-based arts organization. Through IFUC, Ferguson has maintained his involvement in anti-war protests, an activism which dates back to his student days at the University of Miami in the 1960s.<ref name="Miami Yearbook"> Cartoon David, University of Miami Yearbook, IBIS, 1968, p. 92</ref><ref name="Hurricane680809">The Miami Hurricane, August 9, 1968. p. 25.</ref>


==Early career== ==Early career==
===Student===
]
In 1965, Ferguson enrolled at the ].<ref name="Yearbook">University Of Miami Yearbook, IBIS. 1968.</ref> Called a "hellraiser" by the university paper, ''The Hurricane'',<ref name="Hurricane680809" /> Ferguson organized numerous anti-war activities. He was co-leader of the Union of Students to End the War in ],<ref name="Yearbook" />{{rp|96}} one of the first student organizations in the ] to publicly question U.S. military action in ].{{Fact|date=December 2008}} His leadership role in these on-campus protests eventually led to his expulsion from the university.<ref>Jednak, Robert. "Ferguson Disciplinary Decision Expected Today." The Miami Hurricane. December 19, 1967. p. 1-2.</ref>
Ferguson was co-leader of the Union of Students to End the War in ]<ref name="Miami Yearbook" /><ref name="Yearbook">University Of Miami Yearbook, IBIS. 1968. p. 96.</ref> and his activism lead to discussions of disciplinary action, the outcome of which is not clear.{{cite}} Ferguson had also arranged for Pop Art icon Andy Warhol to speak at the campus in 1968,<ref name="NY Arts"> NY Arts, March-April, 2008. Retrieved on 2008-04-06.</ref> an event that led to a professional association between the two.<ref name="Pen and Ink"/><ref name="NY Arts"/>


===The Cockettes===
Ferguson moved to San Francisco in 1969 where he met the performance troupe The Cockettes, for whom he later produced and promoted live shows. <ref name="SF Chron Lord"/><ref name="Pen and Ink"/> Even in tolerant San Francisco, The Cockettes' performance antics presented thorny PR issues. A member of the group wrote about a tactic Ferguson used to sneak the troupe and its outrageous stage behavior by wary club owners:
{{main|The Cockettes}}
After leaving college, Ferguson relocated to the hotbed of 1960s ], ]. In 1969, Ferguson met the performance troupe, The Cockettes, dressed in full sequined drag queen regalia, on a beach north of San Francisco.<ref name="SF Chron Lord"/> Ferguson struck up a relationship with the group who, three years later, asked him to produce some shows.<ref name="SF Chron Lord"/>


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:
{{cquote|For nearly 20 years, Mr. Bimbo 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.''<ref name="midnightPalace">{{cite book|last=Tent|first=Pam|title=Midnight at the Palace: My Life as a Fabulous Cockette|year=2004}}{{rp|110-112}}</ref>}}


{{Quote box
Ferguson formed a lecture and appearance scheduling enterprise in 1973. <ref name="House of Tudor">Tudor, Silke. ''SF Weekly'', May 19, 2004</ref> Through the agency, he maintained an association with the Black Panther Party<ref name="SF Chron Lord"/><ref name="ChamberPunk"/> by representing ] then-chairperson Elaine Brown{{cite}}. The agency also scheduled lectures for ],<ref name="SF Chron Lord"/>],<ref name="House of Tudor"/>]{{cite}},and ] poet ].<ref name="House of Tudor"/> "Ferguson's personal punk legacy includes helping promote concerts in the early 1970s for Iggy Pop and ]."<ref name="PuttingPunk" />
|width=95%
|align=middle
|quote="For nearly 20 years, Mr. Bimbo 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.'"|source=Pam Tent, ''Midnight at the Palace''<ref name="midnightPalace">{{cite book|last=Tent|first=Pam|title=Midnight at the Palace: My Life as a Fabulous Cockette|year=2004|ISBN=9781555838744}}</ref>{{rp|110-112}}
}}

===Lecture agency===
In 1973, Ferguson formed a lecture and appearance scheduling agency,<ref name="House of Tudor">Tudor, Silke. ''SF Weekly'', May 19, 2004</ref> 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 ],<ref name="SF Chron Lord"/><ref name="ChamberPunk"/> ],<ref name="SF Chron Lord"/> ],<ref name="House of Tudor"/> ],<ref name="House of Tudor"/> and ].<ref name="House of Tudor"/>

===Gary Kellgren===
In 1976, Ferguson moved to Los Angeles and befriended producer, ] and ] founder, ]. Kellgren was Ferguson's mentor until his death in 1977, and, more than anyone, encouraged him to devote his energies to exploring music as an art form. Kellgren's mentorship imbued Ferguson with an understanding of music's potential to galvanize sweeping cultural change—a revelation that buttressed Ferguson's natural inclination to upset the status quo, but also broadened that perspective to consider expressions of discontent beyond that of conventional political protest.


==CD Presents== ==CD Presents==
{{main|CD Presents}}
]

]
===Public Image Ltd. Concerts===
In 1979, Ferguson co-founded<ref>{{cite web|url=http://personalshopper.sfgate.com/SS/Page.aspx?secid=40576&pagenum=4&artid=740382|title=Out & About: Fashionable philanthropist feted|last=Zinko|first=Carolyne|date=3-1-2008|work=San Francisco Bay Area SFIS Special Sections|publisher=Hearst Communications, Inc.|pages=4|accessdate=2008-12-07}}</ref> CD Presents as a concert promotion company. Ferguson's concert promotion career took an important turn when he was asked to produce West Coast shows for ] during PiL's first two American tours (1980 and 1982).<ref name="Damage"/><ref name="PuttingPunk"/> The 1980 show in Southern California proved not only a memorable event in PiL's career:
]
{{main|Public Image Ltd.}}

In 1979, Ferguson co-founded<ref>{{cite web|url=http://personalshopper.sfgate.com/SS/Page.aspx?secid=40576&pagenum=4&artid=740382|title=Out & About: Fashionable philanthropist feted|last=Zinko|first=Carolyne|date=3-1-2008|work=San Francisco Bay Area SFIS Special Sections|publisher=Hearst Communications, Inc.|pages=4|accessdate=2008-12-07}}</ref> CD Presents as a concert promotion company, which later expanded into a studio and record label.{{Fact|date=November 2008}}

Ferguson's concert promotion career took an important turn when he was asked to produce West Coast shows for ] during their 1980 American tour.<ref name="Damage"/><ref name="PuttingPunk" /> 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.<ref name="Damage"/> 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 ]. CD Presents had difficulties scheduling the San Francisco date of the tour due to issues with Premier Talent (a top tour agency), ] (PiL's U.S. label), and ] (head of the San Francisco-based ] and the music industry's most powerful promoter).<ref name="Damage"/>

In addition to PiL, Ferguson worked with many influential U.S. punk music bands.<ref name="SF Chron Lord"/><ref name="ChamberPunk"/><ref name="Pen and Ink"/><ref name="PuttingPunk"/> Through 1982, CD Presents arranged shows in L.A. and San Francisco for the ],<ref name="ChamberPunk"/><ref name="Pen and Ink"/> ]<ref name="SF Chron Lord"/><ref name="ChamberPunk"/> and ].<ref name="PuttingPunk"/>

===Label===
]
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,<ref name="UnknownLegends">{{cite book|last=Unterberger|first=Richie|title=Unknown Legends of Rock 'n' Roll |publisher=Backbeat Books|date=May 1, 1998|pages=254-258|isbn=978-0879305345|accessdate=2008-12-20}}</ref> ],{{Fact|date=December 2008}} ] w/ ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} D.O.A.,<ref name="Keithley">{{cite book|last=Keithley|first=Joe|title=I, Shithead: A Life in Punk|publisher=Arsenal Pulp Press|year=2004|url=http://books.google.com/books?id=bkh4KTy69REC&pg=PA128|isbn=978-1551521480|accessdate=2008-12-20}}</ref>{{rp|126,128-129}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ] (D.R.I.),{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=December 2008}} ],{{Fact|date=January 2009}} ],{{Fact|date=December 2008}} and ].{{Fact|date=December 2008}} The San Francisco group ] recorded its ''First Record'' (1984) album under the CD Presents banner.{{Fact|date=December 2008}} For that record, Ferguson purchased art from ].
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 ] in 1984,{{Fact|date=November 2008}} helping the ] songwriter gain an American audience by releasing his first two albums ('']'' and '']'') in the US.{{Fact|date=November 2008}} In 1987, CD Presents released ''Hysterie, 1976-1986'', a compilation of songs by the avant-garde musician, poet and actress, ]. ] artists and post-punk, avant-garde acts also recorded under Ferguson's label, such as ] and ].

As recently as 1998, Penelope Houston of the Avengers claimed that at the time, CD Presents owed her money.<ref name="UnknownLegends"/>


===Distribution===
{{cquote|At the Sex Pistols' farewell shoot-out in San Francisco two and a half years ago, history hung in the air the night Public Image Ltd. came to Los Angeles' Olympic Auditorium. (Rolling Stone, June 25, 1980, p. 92)}}
Ferguson began the Buried Treasure division to distribute the record catalogs of nearly 100 labels.{{Fact|date=November 2008}} Newer labels, such as ] (]), first gained traction in the industry by turning to Buried Treasure, which became Wax Trax!'s first distributor west of the Rockies.{{Fact|date=November 2008}} Buried Treasure also distributed various singles from pre-'']''{{Specify|date=November 2008}} ],{{Fact|date=November 2008}} delivered records for the labels ]{{Fact|date=November 2008}} (]) and ] (]{{Fact|date=November 2008}}, ]{{Fact|date=November 2008}}), and distributed product for ],{{Fact|date=November 2008}} culminating with ] 1994 breakout album '']'', 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)==
It also marked the first concert appearance of ], known at the time as a Tejano mariachi wedding band. <ref>McKenna, Kristine. "Public Image vs. a Rotten Crowd," Rolling Stone Magazine, June 25, 1980, p. 92. Rolling Stone "Cover to Cover: Every Issue, Every Page, 1967-May 2007," Bondi Digital Publishing/Disk #1. Retrieved on 2009-07-30.</ref><ref>Munoz, Matt. Bakotopia.com / Mas Magazine, September 23, 2007. Retrieved on 2009-07-29</ref>
{{main|Institute for Unpopular Culture}}
{{Weasel|date=December 2008}}
In 1989 Ferguson founded the Institute For Unpopular Culture, which carries on in a non-profit model{{Clarifyme|date=November 2008|reason="is it a US non-profit 501(c)(3) or not? Not clear"}} 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."<ref name="House of Tudor"/> The IFUC is highly regarded within the San Francisco arts community{{Who|date=December 2008}} for its commitment to alternative arts and its ability to mobilize financial and network support for non-profit artistic expression.<ref name="Just Think">Feinstein, Julie. ''SF Weekly'', August 16, 2000. Retrieved April 4, 2008.</ref>


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.<ref name="SF Chron Lord"/>
In keeping with the group's image, PiL balked at major label promotion to back its tour, insisting instead on working with smaller, independent promoters. This led to the band's association with CD Presents, an informal partnership that put PiL and Ferguson on a collision course with music industry powers, most notably ], head of the San Francisco-based ].<ref name="Damage"/>


Ferguson founded<ref name="PuttingPunk" /> The Punk Rock Orchestra, a 50-plus member collaboration which recasts punk songs in an orchestral format.<ref name="ChamberPunk" /><ref>{{cite web|url=http://www.eastbayexpress.com/music/outcast_orchestras/Content?oid=285424|title=Outcast Orchestras|last=Swan|first=Rachel|date=June 11, 2003|work=East Bay Express|accessdate=2008-11-26}}</ref> 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."<ref>Flavorpill SF, May 18, 2004</ref> The orchestra has been featured on ]<ref>{{cite web|url=http://www.npr.org/templates/story/story.php?storyId=1850470|title=Punk Orchestra|last=Evnochides|first=Fawnee|date=April 24, 2004|work=Weekend Edition|publisher=NPR|accessdate=2008-12-07}}</ref> and was voted San Francisco's Best Local Band in 2005<ref>{{cite news|url=http://www.sfweekly.com/bestof/2005/award/readers-poll-66918/|title=Readers' Poll|year=2005|work=SF Weekly|accessdate=2008-11-26}}</ref> by readers of the ] newspaper.
Graham held a virtual monopoly on concert promotion in Northern California and he stepped in on more than one occasion to postpone the San Francisco PiL show, ultimately maneuvering to persuade city officials to terminate the concert all together.<ref name="Damage"/><ref name="Damage Full Article"/> This battle played to Lydon's own reputation as an anti-establishment hell raiser: "We've got to play this gig," exclaimed. "It's everything we came here to do on this tour. We gave them six gigs for these two, and we'll see which ones come off the most successful. That's what they're ''really'' afraid of."<ref name="Damage Full Article">Wechler, Shoshana. Damage Magazine, "The Emperor's New Clothes: Public Image Ltd in San Francisco, Part I," July 1980. p. 8-10</ref> Fearing riots if the PiL show was cancelled, city officials authorized CD Presents to proceed with the concert.<ref name="Damage Full Article"/>


IFUC's sponsorship of William Noguera, an artist who painstakingly crafts ] 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.<ref name="Pen and Ink"/>
Either through the label or through its distribution system, CD Presents recorded, released or distributed the music of nearly 3,300 artists. In 1983, the label released a compilation of ]' material popularly known as ''The Pink Album.''<ref>mp3.com Retrieved on 2009-08-01.</ref> Additionally, CD Presents released records from ],<ref name="Keithley">{{cite book|last=Keithley|first=Joe|title=I, Shithead: A Life in Punk|publisher=]|year=2004|url=http://books.google.com/books?id=bkh4KTy69REC&pg=PA128|pages=126,128-129|isbn=978-1551521480|accessdate=2008-12-20}}</ref> ],<ref name="SF Chron Lord"/><ref name="ChamberPunk"/> and ].<ref></ref> CD Presents released the San Francisco group ]' ''First Record'' (1984)<ref name="Interview"> O'Brien, Glenn. Review of the Offs' ''First Record'', Glen O'Brien's Beat. ''Andy Warhol's Interview Magazine.'' May 1985</ref> with a ]-designed cover.<ref name="Pen and Ink"/><ref name="NY Arts"/><ref name="Interview"/>


==Legal History==
During the 1980s, CD Presents released three volumes of punk recording compilations titled ''Rat Music for Rat People'' (1988), a collection of songs previously released by Go Records! in 1982, featuring a number of the era's most notable punk bands: ], ], ] w/], ], ], and ]<ref name="penelope"></ref><ref name = "acc"></ref>''Vol. 2'' (1984) showcased a number of Texas punk bands including, ], ], ], ] along with the Southern California hardcore band, ].<ref name="NYU"></ref><ref name="Wax Vol 2"></ref> ''Rat Music, Vol. 3'' (1987) featured ], ] and ].<ref name="NYU"/> ''Vol. 3'' also was one of the earliest records of producer/engineer ] (], ], and ]'s ]), who mixed and engineered a number of the tracks. <ref = "massy"></ref>
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.<ref name="Keithley" />{{rp|154}} An out-of-court settlement was negotiated about a year later.<ref name="Keithley" />


In 1994, Buried Treasure, Inc. sued ], BMG Music, and members of ] in federal district court.<ref name="FrontierRecords">{{cite court|litigants = Buried Treasure, Inc. V. Frontier Records, BMG Music, The Avengers, et al.|vol = C93 3246 EFL |court=N.D.Cal|date=October 21, 1994}}</ref> Buried Treasure lost, and Frontier Records/BMG were awarded a little over $15,000 for legal costs.<ref name="FrontierRecords" />
CD Presents released albums from artists in other genres besides punk, including the avant-garde musician, poet and actress ]<ref name="Lunch"></ref> and ] and the ] ] act ].<ref name="Minimal Man"></ref>
Since 1990, Ferguson and his companies have been named the defendant in numerous lawsuits in the City and County of San Francisco.<ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref name="Kouba1"></ref><ref name="Fresia1"></ref><ref></ref><ref></ref><ref name="xerox"></ref><ref name="Gluck1"></ref><ref></ref><ref name="Gluck2"></ref><ref></ref><ref name="Sequoia"></ref><ref name="Idell"></ref>


Some cases have been dismissed, such as John Gluck v. Institute For Unpopular Culture,<ref name="Gluck1" /> 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,<ref name="Gluck2" /> 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.
==Institute For Unpopular Culture==
In 1989 Ferguson founded the ] (IFUC) as a non-profit organization to support artists outside the mainstream art world.<ref name="SF Chron Lord"/><ref name = Forbes>Goff, Robert. Forbes Magazine. May 18, 1998. Retrieved on 2009-08-01</ref> "It is our aim to subvert all commercial avenues of art exploitation," Ferguson said. "It's not that we dislike people who own art galleries, we just think there could be a viable alternative."<ref name="House of Tudor"/> 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.<ref name="SF Chron Lord"/>


Several other cases have also found that Ferguson and/or his companies owe money,<ref name="Kouba1" /><ref name="Fresia1" /><ref name="xerox" /> 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."<ref name="Sequoia" />
Ferguson founded<ref name="PuttingPunk" /> The Punk Rock Orchestra, a 50-plus member collaboration which recasts punk songs in an orchestral format.<ref name="ChamberPunk" /><ref>{{cite web|url=http://www.eastbayexpress.com/music/outcast_orchestras/Content?oid=285424|title=Outcast Orchestras|last=Swan|first=Rachel|date=June 11, 2003|work=East Bay Express|accessdate=2008-11-26}}</ref> The orchestra has been featured on ]<ref>{{cite web|url=http://www.npr.org/templates/story/story.php?storyId=1850470|title=Punk Orchestra|last=Evnochides|first=Fawnee|date=April 24, 2004|work=Weekend Edition|publisher=NPR|accessdate=2008-12-07}}</ref> and ] ].<ref name="Osgood"></ref> The PRO was voted San Francisco's Best Local Band in 2005<ref>{{cite news|url=http://www.sfweekly.com/bestof/2005/award/readers-poll-66918/|title=Readers' Poll|year=2005|work=SF Weekly|accessdate=2008-11-26}}</ref> by readers of the '']''.


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.<ref name="Idell" />
The Institute has supported and been associated{{Vague|date=July 2009}} with a number of artists, including Obie-award winning performance artist ]<ref name="Just Think">Feinstein, Julie. ''SF Weekly'', August 16, 2000. Retrieved 2008-04-04.</ref> and graffiti artist ] (a.k.a. "Twist").<ref name="Pen and Ink"/> ],<ref name="Pen and Ink"/> founder of ].<ref name="Pen and Ink"/> Interns from the IFUC offered legal research in support of Fein's successful legal case against the U.S. government (''ApolloMedia v. Reno'') which challenged the constitutionality of the 1996 ].<ref name="Pen and Ink"/> IFUC has sponsored William Noguera,<ref name="Pen and Ink"/> an artist who, since 1983 has been on death row at California's ] and now creates ] ] paintings with a rapidograph pen.<ref name="Pen and Ink"/>


==References== ==References==
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David Ferguson
Born (1947-03-11) March 11, 1947 (age 77)
Ware, Massachusetts
NationalityUnited States
OccupationPromoter
WebsiteInstitute For Unpopular Culture
This article may have misleading content. Please help clarify the content.

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. 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. 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." The East Bay Express commented, "David Ferguson's life story reads like an encyclopedia of the underground." A project of note undertaken by IFUC was promoting and exhibiting the art of William Noguera, a Death row inmate at San Quentin.

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), Iggy Pop, the psychedelic drag queen group, The Cockettes, and underground cartoonist Vaughn Bodé. As an activist, Ferguson organized and led anti-war protests in the 1960s.

Early career

Student

In 1965, Ferguson enrolled at the University of Miami. Called a "hellraiser" by the university paper, The Hurricane, Ferguson organized numerous anti-war activities. He was co-leader of the Union of Students to End the War in Vietnam, one of the first student organizations in the Deep South to publicly question U.S. military action in Southeast Asia. His leadership role in these on-campus protests eventually led to his expulsion from the university.

The Cockettes

Main article: 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. Ferguson struck up a relationship with the group who, three years later, asked him to produce some shows.

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 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

Lecture agency

In 1973, Ferguson formed a lecture and appearance scheduling agency, 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, Joan Little, Paul Krassner, Stewart Brand, and Michael McClure.

Gary Kellgren

In 1976, Ferguson moved to Los Angeles and befriended producer, engineer and The Record Plant founder, Gary Kellgren. Kellgren was Ferguson's mentor until his death in 1977, and, more than anyone, encouraged him to devote his energies to exploring music as an art form. Kellgren's mentorship imbued Ferguson with an understanding of music's potential to galvanize sweeping cultural change—a revelation that buttressed Ferguson's natural inclination to upset the status quo, but also broadened that perspective to consider expressions of discontent beyond that of conventional political protest.

CD Presents

Main article: CD Presents

Public Image Ltd. Concerts

CD Presents poster for Public Image Ltd. concert, Los Angeles, 1980
Main article: Public Image Ltd.

In 1979, Ferguson co-founded CD Presents as a concert promotion company, which later expanded into a studio and record label.

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. 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. 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).

In addition to PiL, Ferguson worked with many influential U.S. punk music bands. Through 1982, CD Presents arranged shows in L.A. and San Francisco for the The Avengers, The Go-Gos and D.O.A..

Label

Logo of CD Presents, the record label founded and managed by David Ferguson.

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, Dead Kennedys, Black Flag w/ Henry Rollins, Bad Brains, Circle Jerks, Flipper, The Subhumans, D.O.A., Butthole Surfers, Tales of Terror, NOFX, TSOL, Minutemen, MDC, Dirty Rotten Imbeciles (D.R.I.), Corrosion of Conformity, Naked Raygun, Mojo Nixon, Flipper, The Adolescents, and The Dwarves. The San Francisco group The Offs recorded its First Record (1984) album under the CD Presents banner. 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, 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. 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.

Distribution

Ferguson began the Buried Treasure division to distribute the record catalogs of nearly 100 labels. 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. Buried Treasure also distributed various singles from pre-Nevermind Nirvana, delivered records for the labels TVT Records (Nine Inch Nails) and Sub Pop (Pearl Jam, Everclear), and distributed product for Epitaph Records, 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)

Main article: Institute for Unpopular Culture
This article contains weasel words: vague phrasing that often accompanies biased or unverifiable information. Such statements should be clarified or removed. (December 2008)

In 1989 Ferguson founded the Institute For Unpopular Culture, which carries on in a non-profit model 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." The IFUC is highly regarded within the San Francisco arts community for its commitment to alternative arts and its ability to mobilize financial and network support for non-profit artistic expression.

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.

Ferguson founded The Punk Rock Orchestra, a 50-plus member collaboration which recasts punk songs in an orchestral format. 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." The orchestra has been featured on NPR and was voted San Francisco's Best Local Band in 2005 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.

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. An out-of-court settlement was negotiated about a year later.

In 1994, Buried Treasure, Inc. sued Frontier Records, BMG Music, and members of the Avengers in federal district court. Buried Treasure lost, and Frontier Records/BMG were awarded a little over $15,000 for legal costs.

Since 1990, Ferguson and his companies have been named the defendant in numerous lawsuits in the City and County of San Francisco.

Some cases have been dismissed, such as John Gluck v. Institute For Unpopular Culture, 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, 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, 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."

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.

References

  1. ^ Martine, Lord (2002-03-29). "Ferguson finds unconventional fits him just right". San Francisco Chronicle. Retrieved 2008-11-25.
  2. ^ Kalem, Stefanie (April 16, 2003). "Chamber Punk". East Bay Express. Retrieved 2008-11-26.
  3. ^ Lawrence, Ella (December 27, 2006). "In Pen and Ink". SF Weekly. Retrieved April 3, 2008.
  4. ^ Wechsler, Shoshana (1980). "Public Image: The Emperor's New Clothes". Damage Fanzine. Retrieved 2008-11-26.
  5. ^ 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. {{cite web}}: Check date values in: |date= (help)
  6. National Lampoon, February 1975, p. 92.
  7. ^ The Miami Hurricane, August 9, 1968. p. 25.
  8. ^ University Of Miami Yearbook, IBIS. 1968.
  9. Jednak, Robert. "Ferguson Disciplinary Decision Expected Today." The Miami Hurricane. December 19, 1967. p. 1-2.
  10. Tent, Pam (2004). Midnight at the Palace: My Life as a Fabulous Cockette. ISBN 9781555838744.
  11. ^ Tudor, Silke. House of Tudor. SF Weekly, May 19, 2004
  12. 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. {{cite web}}: Check date values in: |date= (help)
  13. ^ Unterberger, Richie (May 1, 1998). Unknown Legends of Rock 'n' Roll. Backbeat Books. pp. 254–258. ISBN 978-0879305345. {{cite book}}: |access-date= requires |url= (help)
  14. ^ Keithley, Joe (2004). I, Shithead: A Life in Punk. Arsenal Pulp Press. ISBN 978-1551521480. Retrieved 2008-12-20.
  15. Feinstein, Julie. Just Think SF Weekly, August 16, 2000. Retrieved April 4, 2008.
  16. Swan, Rachel (June 11, 2003). "Outcast Orchestras". East Bay Express. Retrieved 2008-11-26.
  17. Flavorpill SF, May 18, 2004
  18. Evnochides, Fawnee (April 24, 2004). "Punk Orchestra". Weekend Edition. NPR. Retrieved 2008-12-07.
  19. "Readers' Poll". SF Weekly. 2005. Retrieved 2008-11-26.
  20. ^ Buried Treasure, Inc. V. Frontier Records, BMG Music, The Avengers, et al., C93 3246 EFL (N.D.Cal October 21, 1994).
  21. Case Number: CSM-90-500478 JDC RECORDS VS CD PRESENTS LTD
  22. Case Number: CUD-93-096566 GORDON, NEIL et al vs. BURIED TREASURE, INC., A NEVADA CORPORATION et al
  23. Case Number: CSM-94-740865 SAN FRANCISCO COPIER PRODUCTS VS BURIED TREASURE.,INC
  24. Case Number: CSM-94-742234 SAN FRANCISCO COPIER PRODUCTS VS FERGUSON, IRENE J. : PRES. et al
  25. Case Number: CSM-94-743251 SAN FRANCISCO COPIER PRODUCTS VS BURIED TREASURE, INC.
  26. Case Number: CSM-94-744560 SAN FRANCISCO COPIER PRODUCTS VS FERGUSON, IRENE J. PRES. et al
  27. Case Number: CGC-95-116400 KOCH INTERNATIONAL L.P. vs. BURIED TREASURE, INC. A CORP. et al
  28. Case Number: CUD-95-117899 GORDON. NEIL vs. BURIED TREASURE, INC. et al
  29. Case Number: CSM-95-748576 RAJ RECORDS, RICHARD ROCKLEWITZ VS BURIED TREASURE, INC., DAVID FERGUSON
  30. ^ Case Number: CUD-96-136597 KOUBA, JON HENRY vs. FERGUSON, DAVID et al
  31. ^ Case Number: CSM-99-782112 FRESIA, JERRY VS FERGUSON, DAVID H.
  32. Case Number: CSM-00-026174 FRESIA, JERRY VS FERGUSON, DAVID H.
  33. Case Number: CSM-00-782112 FRESIA, JERRY VS FERGUSON, DAVID H.
  34. ^ Case Number: CGC-01-401337 XEROX CORPORATION VS. THE INSTITUTE FOR POPULAR CULTURE et al
  35. ^ Case Number: CSM-06-818194 GLUCK, JOHN J. VS INSTITUTE FOR UNPOPULAR CULTURE et al
  36. Case Number: CSM-06-818195 JINGLEHEIMER, LLC VS FERGUSON, DAVID
  37. ^ Case Number: CSM-06-818197 GLUCK, JOHN J. VS FERGUSON, DAVID H.
  38. Case Number: CPF-08-509007 JOHN GLUCK VS. DAVID FERGUSON
  39. ^ Case Number: CSM-08-827008 SEQUOIA LAW GROUP LLP VS. DAVID FERGUSON
  40. ^ Case Number: CGC-08-480109 IDELL & IDELL,LLP et al VS. DAVID FERGUSON et al
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