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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.


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> '''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>


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>
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>

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===
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"/>
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 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:
===The Cockettes===
{{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"/>


{{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>}}
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:


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" />
{{Quote box
|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}}
]

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:
===Public Image Ltd. Concerts===
]
{{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"/>


{{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)}}
===Distribution===
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.


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>
==Institute For Unpopular Culture (IFUC)==
{{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>


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'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"/>


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"/>
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.


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"/>
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"/>


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>
==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.<ref name="Keithley" />{{rp|154}} An out-of-court settlement was negotiated about a year later.<ref name="Keithley" />


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>
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" />
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>


==Institute For Unpopular Culture==
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.
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"/>


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 '']''.
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" />


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"/>
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" />


==References== ==References==
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David Ferguson
OccupationPromoter
WebsiteInstitute For Unpopular Culture

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 The Avengers, John Lydon (a.k.a. Johnny Rotten), Billy Bragg, Iggy Pop, Bad Brains, Black Flag, and The Butthole Surfers and visual artists Vaughn Bode,Jean-Michel Basquiat, and Barry McGee. Ferguson worked with multi-discipline artists such as avant-garde musician and spoken-word artist Lydia Lunch and the psychedelic drag queen performance group The Cockettes.

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 wrote, "David Ferguson's life story reads like an encyclopedia of the underground."

Ferguson founded and presently heads the Institute for Unpopular Culture, 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.

Early career

Andy Warhol & Viva, University of Miami, 1968.

Ferguson was co-leader of the Union of Students to End the War in Vietnam and his activism lead to discussions of disciplinary action, the outcome of which is not clear. {{citation}}: Empty citation (help) Ferguson had also arranged for Pop Art icon Andy Warhol to speak at the campus in 1968, an event that led to a professional association between the two.

Ferguson moved to San Francisco in 1969 where he met the performance troupe The Cockettes, for whom he later produced and promoted live shows. 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:

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.

Ferguson formed a lecture and appearance scheduling enterprise in 1973. Through the agency, he maintained an association with the Black Panther Party by representing Black Panther Party then-chairperson Elaine Brown {{citation}}: Empty citation (help). The agency also scheduled lectures for Jo Ann Little,Paul Krassner,Jerry Mander {{citation}}: Empty citation (help),and Beat poet Michael McClure. "Ferguson's personal punk legacy includes helping promote concerts in the early 1970s for Iggy Pop and The New York Dolls."

CD Presents

CD Presents poster for Public Image Ltd. concert, Los Angeles, 1980
Logo of CD Presents

In 1979, Ferguson co-founded 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 Public Image Ltd. during PiL's first two American tours (1980 and 1982). The 1980 show in Southern California proved not only a memorable event in PiL's career:

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)

It also marked the first concert appearance of Los Lobos, known at the time as a Tejano mariachi wedding band.

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 Bill Graham, head of the San Francisco-based Bill Graham Presents.

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. 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." Fearing riots if the PiL show was cancelled, city officials authorized CD Presents to proceed with the concert.

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 The Avengers' material popularly known as The Pink Album. Additionally, CD Presents released records from D.O.A, Butthole Surfers, and Tales of Terror. CD Presents released the San Francisco group The Offs' First Record (1984) with a Jean-Michel Basquiat-designed cover.

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: The Avengers, Dead Kennedys, Black Flag w/Henry Rollins, Circle Jerks, The Subhumans, and D.O.A.Vol. 2 (1984) showcased a number of Texas punk bands including, The Butthole Surfers, Big Boys, The Dicks, MDC along with the Southern California hardcore band, Minutemen. Rat Music, Vol. 3 (1987) featured The Adolescents, Naked Raygun and Mojo Nixon. Vol. 3 also was one of the earliest records of producer/engineer Sylvia Massy (Johnny Cash, Red Hot Chili Peppers, and Tool's Undertow), who mixed and engineered a number of the tracks.

CD Presents released albums from artists in other genres besides punk, including the avant-garde musician, poet and actress Lydia Lunch and electronic and the experimental post punk act Minimal Man.

Institute For Unpopular Culture

In 1989 Ferguson founded the Institute for Unpopular Culture (IFUC) as a non-profit organization to support artists outside the mainstream art world. "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." 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 orchestra has been featured on NPR and CBS Radio's The Osgood File. The PRO was voted San Francisco's Best Local Band in 2005 by readers of the SF Weekly.

The Institute has supported and been associated with a number of artists, including Obie-award winning performance artist Holly Hughes and graffiti artist Barry McGee (a.k.a. "Twist"). Clinton Fein, founder of Annoy.com. 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 Communications Decency Act. IFUC has sponsored William Noguera, an artist who, since 1983 has been on death row at California's San Quentin State Prison and now creates photorealistic pointillist paintings with a rapidograph pen.

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 2008-04-03.
  4. ^ Wechsler, Shoshana (1980). "Public Image: The Emperor's New Clothes, Part II". Damage Fanzine. Retrieved 2008-11-26. {{cite news}}: Unknown parameter |month= ignored (help)
  5. ^ Jarrell, Joe (2004-09-26). "Putting Punk In Place -- Among the Classics". San Francisco Chronicle. Hearst Communications Inc. pp. PK-45. Retrieved 2009-01-08.
  6. Schindehette, Susan. A Simple Punk-Folk-Rock Protester, British Billy Bragg Makes Waves Onstage, Not Off People Magazine. July 29, 1985. Retrieved on 2009-08-04
  7. Lifes a Riot and Brewing Up CD Presents discography Retrieved on 2009-08-02
  8. ^ nyu.edu Rat Music compilations
  9. ^ WaxFM Rat Music Vol. 2
  10. Vaughn Bode Cartoon Concert, "Cheech Wizard Bites the Dust," National Lampoon, Feb., 1975, Vol. 1, No. 59, pg. 92. Retrieved on 2009-07-30
  11. ^ Rediscovered Punk Art at Art Basel, Miami NY Arts, March-April, 2008. Retrieved on 2008-04-06.
  12. ^ Cartoon David, University of Miami Yearbook, IBIS, 1968, p. 92
  13. The Miami Hurricane, August 9, 1968. p. 25.
  14. University Of Miami Yearbook, IBIS. 1968. p. 96.
  15. Tent, Pam (2004). Midnight at the Palace: My Life as a Fabulous Cockette.
  16. ^ Tudor, Silke. House of Tudor. SF Weekly, May 19, 2004
  17. 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)
  18. 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.
  19. Munoz, Matt. of the Pack Bakotopia.com / Mas Magazine, September 23, 2007. Retrieved on 2009-07-29
  20. ^ Wechler, Shoshana. Damage Magazine, "The Emperor's New Clothes: Public Image Ltd in San Francisco, Part I," July 1980. p. 8-10
  21. Avengers Summary.mp3.com Retrieved on 2009-08-01.
  22. Keithley, Joe (2004). I, Shithead: A Life in Punk. Arsenal Pulp Press. pp. 126, 128–129. ISBN 978-1551521480. Retrieved 2008-12-20.
  23. Discography: Tales of Terror
  24. ^ O'Brien, Glenn. Review of the Offs' First Record, Glen O'Brien's Beat. Andy Warhol's Interview Magazine. May 1985
  25. penelope.net/discography
  26. acc.umu.se Dils interview and discography
  27. radiostarstudios.com/massydiscography
  28. TrouserPress.com Lydia Lunch
  29. TrouserPress.com Minimal Man
  30. Goff, Robert. The Oldest (art) ProfessionForbes Magazine. May 18, 1998. Retrieved on 2009-08-01
  31. Swan, Rachel (June 11, 2003). "Outcast Orchestras". East Bay Express. Retrieved 2008-11-26.
  32. Evnochides, Fawnee (April 24, 2004). "Punk Orchestra". Weekend Edition. NPR. Retrieved 2008-12-07.
  33. Osgood File PRO feature
  34. "Readers' Poll". SF Weekly. 2005. Retrieved 2008-11-26.
  35. Feinstein, Julie. Just Think SF Weekly, August 16, 2000. Retrieved 2008-04-04.
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