To be blunt, Tacoma's quintessential Girl Trouble, with more than 25 years of surfy garage rock under its belt, and credited with Sub Pop's first full-length release, was DIY before DIY had an acronym. Coming from a shitty, dirty stepbrother town like Tacoma, you kind of had to be. You were outnumbered. You were often humbled - or just beat up. And any progress you made was purely on the sweat of your own work. The upbringing made Girl Trouble street tough - and the story isn't some sort of rarity. Nearly all of Girl Trouble's contemporaries grew up on the same, honorable, punk-honed ethic. In many ways, it's an ethic that's synonymous with rock ‘n roll itself. Or at least it should be.
Created in 2006, Gorilla Productions is a concert promotion outfit based out of Ohio. According to the company's official Web site, Gorilla "promotes concerts in over 85 different clubs in more than 65 U.S. Cities, and employs "over 15 full time employees and approximately 100 event coordinators." According to the same Web site, in 2008 Gorilla Productions "added a band management division and a developmental label, Rock X Records."
In almost every way imaginable, Girl Trouble and Gorilla Productions couldn't be more different. But they also seem to have been made for each other, polar opposites, destined to do battle.
It's exactly the prizefight that may soon be coming to an Ohio courthouse. In March Gorilla Productions filed a lawsuit against drummer Bon Von Wheelie and the rest of Girl Trouble, alleging Von Wheelie's anti pay-to-play Web site - neverpaytoplay.com - contains "torturous, defamatory, and false statements" regarding Gorilla's operation. (Pay-to-play is not an exactly defined term, but it carries a negative connotation within music communities and is generally understood to be the act of clubs or promoters making bands "pay to play.")
Gorilla, an Ohio-based company, is seeking "an amount exceeding $25,000" from Girl Trouble plus punitive damages. Perhaps more importantly, Gorilla wants neverpaytoplay.com shut down immediately, claiming the site is "dedicated to defamation" of their company. Gorilla seems particularly incensed that Google searchers, when typing in "Gorilla Productions," are offered as their second choice "Gorilla Productions Scam" - which leads straight to Von Wheelie's Web site. Gorilla also takes issue with Von Wheelie's questioning of the fact Pabst Blue Ribbon sponsors some of Gorilla's all-ages events, somehow drawing the conclusion this questioning of a beer manufacturer's sponsorship of all-ages events implies Gorilla is letting underage kids drink beer at their events - something never specifically written on neverpaytoplay.com.
Von Wheelie and Girl Trouble, on the other hand, see things differently. The band has hired Seaweed guitarist and lawyer Wade Neal, of Johnson, Graffe, Keay, Moniz & Wick, LLP, to represent them against what they call a "dangerously wielded lawsuit." Obviously, Neal is best known for Seaweed's alt-rock success in the early '90s, but he's also a lawyer. Von Wheelie and Neal say neverpaytoplay.com is protected freedom of speech, there's nothing defamatory about it, and the idea of a company from halfway across the country being able to drag a band from Tacoma to Ohio to face a lawsuit based purely on Von Wheelie's critique of the way said company does business is at best dangerous, and, at worst, much more troubling. Girl Trouble stands behind everything on neverpaytoplay.com, though it should be noted that - to the un-invested eye - the online content of the site doesn't get more malicious than to suggest Gorilla's business model is built on taking advantage of young bands, and urging people to be weary before signing on with Gorilla.
"It's nothing but a harassment suit. ... If somebody has resources they can try to put you in the ground. We're going to fight it all the way," says Neal. "This is a weak, baseless claim."
"Am I allowed to have an opinion? Am I allowed to share it when I clearly state that it's just my opinion? If a company like Gorilla can shut down a musician who doesn't agree with their way of putting on shows what's next?" says Von Wheelie. "This isn't just about Girl Trouble anymore. It's about all of us."
"Most bands agree that our pay scales are more than fair," contends Gorilla Productions Vice President John Michalak, disagreeing with Von Wheelie's assessment of the Gorilla operation. "In the current condition of the economy, we find it very sad that a virtually unknown rock band would resort to these kinds of tactics in order to draw attention to themselves."
Locally, Gorilla Productions holds regular shows at Studio Seven in Seattle - though the company has also worked with venues closer to home in Tacoma and Olympia. In the simplest terms, Gorilla markets itself as having the ability to help "unsigned talent" (read: young bands) get shows on stages they might not otherwise be able to. Gorilla also advertises the ability to help busy venues produce the successful local shows that may be eluding them, claiming on the Gorilla Web site to fill a hole on because, "in every city there are also many clubs that are too busy or do not know how to promote successful local shows."
After talking to various bands and musicians who have worked with Gorilla, as well as exchanging emails with Michalak, the crux of what the company does seems pretty simple. Gorilla books the shows - often in a "battle of the bands" format - and the bands sell the tickets, with Gorilla then getting a substantial chunk of the profit. The bands, or so they're told, benefit from playing a Gorilla organized show at a venue like Studio Seven - but whether they get paid or not depends on their ability to sell tickets. For their time and service, Gorilla gets paid first. Sometimes, if they haven't sold enough tickets bands aren't paid at all.
Girl Trouble and Von Wheelie say this is classic pay-to-play.
Gorilla disagrees.
Strangely enough, in a sign of the bizarre times we live in, an Ohio court case may soon weigh in on the matter.
Stay tuned.
Comments for "Girl Trouble goes to court" (13)
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Elaine said on Apr. 23, 2010 at 12:26pm
Oh I love that response from John Michalak: "...we find it very sad that a virtually unknown rock band would resort to these kinds of tactics in order to draw attention to themselves."
Ha! Couldn't he have come up with something better than that? Guess not! Anyone who knows these rockers realizes the Never Pay to Play site exists because they have young musicians interests at heart. The band mates have good hearts. May be hard for the jaded to believe in this day and age there could be a group of people with a conscience, but that's what it is. Oh, and GT certainly doesn't need to bring attention to themselves - they get plenty.
I don't think the Gorilla masterminds of this lawsuit realize they've just started **** with a whole bunch of folks in the Seattle/Tacoma area.
Gary said on Apr. 23, 2010 at 8:29pm
I have known Girl Trouble for years and am here to say that they have always been there to fight for the underdog. The idea that a large company can completely take advantage of young bands is disgusting. Then to have this company come after Bon and GT is unbelievable. I just urge everyone to back GT and do whatever we can to stop this ridiculous cooperation from killing free speech and the truth. I'm just some old punk...but that's what punk has always been to me...TRUTH and taking down the money machines that destroy music.
barb said on Apr. 24, 2010 at 12:14pm
I've seen bands flogging tickets on the streets in San Francisco and I've always thought that was a load of crap. Promoters should do their job and promote and sell tickets instead of sitting on their lazy butts letting the bands do their work for them.
Do people who sell tickets usually get paid for their labor? You bet they do! Yet here, this parasitic Gorilla Productions not only doesn't pay them to stand on corners all day, they demand that they do it!
Girl Trouble has Gorilla Trouble, and I support their website. GT can go suck stale eggs, and I hope they lose this nuisance case. I also hope Girl Trouble files a countersuit for compensation. They should be compensated for having to deal with this idiocy, and a little something extra for punitive damages.
I'm tired of predatory "promoters" who prey on young bands. They need a good ass-kicking.
slim moon said on Apr. 27, 2010 at 8:30pm
this seems like a clear case of a "Slapp" lawsuit - strategic lawsuit against public participation.
"A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[1]
The plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat."
"According to New York Supreme Court Judge J. Nicholas Colabella, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined." A number of jurisdictions have made such suits illegal, provided that the appropriate standards of journalistic responsibility have been met by the critic."
http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation
glynb said on Apr. 29, 2010 at 4:18am
These type of dubious operations are spreading here to the UK and gaining ground. Here's one take on it "The Unsigned Underground Surface Mobile Band War Competition" ...
http://www.youtube.com/watch?v=Oiqk9hF0xyE
dymrip said on May. 03, 2010 at 1:49pm
I support Girl Trouble 100%. I've been playing in Cleveland for around 10 years now and Gorilla is the worst thing that could have happened to not just Cleveland, but the local scene across the country. F@ck Gorilla! I didn't think my opinion of Gorilla could get any lower, until now.....
chiguy said on May. 11, 2010 at 11:13am
Well i understand it's a minority opinion on this board, but I wish Gorilla the best of luck in the suit. Why? Because in my view Gorilla offers a great service to bands that would otherwise not be able to play venues at the level they book at. (no i dont work for them) Honestly... they are an innovative company and I think what GT is really mad at is the more general issue of how music, like everything else in this world, is a business. Let's get real, the majority of the bands that really hate gorilla are exactly the ones that have little hope of succeeding. The truly promising/capable bands will respect gorilla for what they are doing, even if it's not the best option for them because they see the bigger picture.
Rev. Adam McKinney said on May. 11, 2010 at 2:00pm
No matter how you feel about the philosophy of Gorilla Productions and organizations like it, for them to sue the shit out of Girl Trouble is unconscionable. If Girl Trouble manages to win the case, it's not as if THEY'LL get paid out. You needn't wish Gorilla Productions any luck.
--Rev.
Zac said on May. 13, 2010 at 9:39pm
chiguy, I've worked for people like you. People who post positive comments about their own companies, pretending not to be owners/employees. It's painfully obvious that you are one of the two. There are companies like Gorilla that operate locally in Portland, Oregon, where I'm from. Those companies NEVER get repeat customers. You know why? Because it's exactly what Girl Trouble says it is: a fucking SCAM! I've watched friends' bands work their asses off trying to sell crazy amounts of tickets, and ending up in the hole, playing a show nobody attended. Why? Bands are generally young people with full time jobs, who between work, girlfriends/boyfriends, band practice, etc... don't have time to hustle a huge stack of tickets, keeping generally only $2/ticket AFTER 75% of tickets are sold. Bands aren't promoters. Promoters are promoters. Promoters sell tickets. A promoter that doesn't sell tickets, isn't a promoter. It's a scam. Plain and simple, cut and dry.
Zac said on May. 13, 2010 at 11:41pm
Additionally, I'd like to see GT counter-sue Gorilla for court-costs/legal-fees/wages-lost/every-penny-they-can-squeeze-out-of-those-assholes.
Gorilla is the kind of company that exists not to help young artists succeed, but to swindle inexperienced, hopeful young musicians looking to reach a larger audience. Shame on Gorilla not only for this lawsuit, but for their entire business model.
RayG79 said on Jun. 13, 2010 at 7:55pm
We've worked with Girl Trouble twice and they are awesome and upstanding. I've also had dealings with Gorilla Productions and they are slimy scam artists to put it lightly. DO NOT GO NEAR GORILLA PRODUCTIONS EVER! If you are a real band that works hard, you will play shows and make money. Don't get sucked in by that company. They really need to go out of business and go away now!. Pass the word people. DO NOT DO BUSINESS WITH GORILLA PRODUCTIONS!
stusvend said on Jun. 17, 2010 at 8:20am
Another one to watch out for is Big Time Productions. I did it once.. ONCE I SAY, when I was younger and it left a bad bad taste in my mouth. A rep for Gorilla contacted me last night asking if I was willing to play a show opening up for Chip tha Ripper. Now, Chip is hardcore rap.. I AINT! That was red flag number 1. Why would they ask me ( a basically totally different act) to open for a rapper? It doesn't make sense. His fans are not mine and vice versa. I googled them and sure enough "scam" was nearly synonymous. I read about what they do and I wrote them back told them I wouldn't touch that crap with a 10 foot pole. I said that I don't pay to play, my booking agents do the promotion and ticket sales FOR me and I don't get put on random bills with 10 other bands. SCAM SCAM SCAM.. a seamingly legal one but a SCAM regardless. Time is money and they waste a lot of that for people. Go get em' GT. Your blog helped me put the pieces together. Thanks so much.
The Orj said on Nov. 06, 2010 at 2:40pm
Sorry I'm late to the party but I just have to say:
Gorilla and the like can do nothing for a band that the band can't do for themselves in their own living rooms. which is play in front of their family and friends.
As far as booking small, unknown bands into "prestigious" clubs, who cares? What difference does it make if the place is empty? A club is just a room to play in, what made those clubs known and/or cool are the big acts that have played there, bands that garnered a following BEFORE they started playing those clubs. Saying you played somewhere cool doesn't make your band any better nor will it give you any recognition. Screw these so called "promoters"! Throw a party in a basement and play there instead. It'll be packed, everyone will have fun and no parasites will be sucking any money out of you.
Trust me, it's better to play in a basement to 25 of your friends then playing for those same 25 friends in a club with a capacity for hundreds. It's just a big empty room and the few crumbs the show makes ain't going to you!
Big clubs are for big bands that can fill them. Your band needs a following before you can play those clubs. It's not the other way around, your band won't get a following just by virtue of playing a well know club on an off night and don't let scumbags like Gorilla tell you otherwise!
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