http://indiegogo.com/mc5-truetestimonial

http://mc5.truetestimonial.com

http://detroittango.typepad.com/

DETROIT, Michigan (March 31, 2011) — With all the lingering legal questions now firmly resolved, the highly regarded but embattled ”MC5 – A True Testimonial” documentary film is finally poised for release. Warner/Chappell Music, the MC5’s music publisher, has agreed to make the much sought-after synchronization license available to the Chicago based Future/Now Films. A crowdfunding campaign to raise the funds necessary to acquire that license is currently underway via the Kickstarter funding platform and will conclude May 10, 2011.

Seven years ago, on March 31, 2004, writer Susan Whitall broke the story of the untimely derailment of the lauded ”MC5 – A True Testimonial” documentary with an explosive Detroit News article titled “MC5 In Turmoil Yet Again”. 

At the time, the highly anticipated film had a full schedule of theatrical screenings in place and was set for imminent DVD release before a curious decision was made to deny the requisitesynchronization license for the MC5’s music publishing. 

That decision, initiated at the behest of Wayne Kramer, one of the two guitarists in the legendary but long-defunct band, ignited a firestorm of controversy, given that Kramer had long supported the film’s production saying “The filmmakers have done a fabulous job of telling the story of the MC5… the story is finally getting told and told right.” The much lauded documentary had been poised to make a major splash, having screened to SRO crowds and widespread critical acclaim at film festivals around the worldwide. There had been one single ticketed public screening, a benefit for radio station WDET-FM held at the Detroit Film Theatre before a sold-out crowd on October 30, 2003.

Having successfully blocked the film’s release, Kramer would later file suit in federal court in November 2005 over a purported “music producer” position and alleging a variety of copyright infringement, fraud and breach of contract claims against director David Thomas, producer Laurel Legler and Future/Now Films.

After hearing extensive testimony and reviewing the evidence presented during a week-long trial held October 2006 in Santa Ana, California, United States District Court Judge Andrew J. Guilford dismissed all charges against the filmmakers, concluding there was ”insufficient factual basis to establish any claim” against the filmmakers. 

In the decision rendered March 31, 2007, Judge Guilford found “no terms specific enough to form an enforceable contract were ever agreed upon,” that neither Thomas or Legler “had made any actionable false representations” to Kramer, and that the dispute arose only after Future/Now Films “demonstrated that the film they were crafting could be successful” adding “The MC5 is historically significant and its music and story merit being heard today. The film had and still has the potential to spread the music and story of the MC5.” 

One could argue that, had the film come out as scheduled, it would have boosted the MC5′s profile enough to propel the band into the Rock & Roll Hall of Fame; whether or not that time has now passed remains to be seen.

The families of the late Rob Tyner and Fred “Sonic” Smith have been fully supportive of the film’s release from the beginning; Patti Smith has been unequivocal, saying “They were a great band and they should be remembered. And they should be remembered together. This film is a very good opportunity to give them recognition.” With authorizations from the three surviving members now in place, Vincent Cox, attorney for Future/Now Films, has declared “the disputes are water under the bridge, and there’s no point in rehashing them.”  

With that in mind, the final objective is acquiring the requisite sync license for this brilliant film and a campaign to raise the funds necessary to acquire that license is currently underway via the Kickstarter funding platform. Spearheaded by Detroit music producer Freddie Brooks, Fred “Sonic” Smith’s longtime associate and charge d’affaires, that campaign will conclude May 9, 2011. If successful, theatrical screenings are expected to begin immediately with a worldwide DVD release expected to follow shortly thereafter.

As USDC Judge Guilford noted, director David Thomas and producer Laurel Legler were “first-time filmmakers who spent eight years of their lives trying to create a documentary film that would be historically truthful, a documentary that would celebrate the talent and creativity of the MC5 band, a documentary that would say something about the 60′s, and would say something about the present.  They succeeded, and the film merits wide distribution for the enjoyment and edification of the masses.”

In other words… kick out the jams, motherfuckers!!!

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http://MC5-TrueTestimonial.com

http://tinyurl.com/MC5-Kickstarter

“Music so extraordinary that it transformed the lives of all who experienced it demands the release of a documentary that does the MC5 justice.  Few bands have ever seen so much go so wrong so quickly and have been so misunderstood in the process. A True Testimonial represents a belated opportunity to set things straight, put things right. The fans deserve it. So does the band. And so does the music.” – Don McLeese, author of Kick Out The Jams (Continuum 33 1/3 series)

http://tinyurl.com/MC5-ATT-poll

“Music so extraordinary that it transformed the lives of all who experienced it demands the release of a documentary that does the MC5 justice.  Few bands have ever seen so much go so wrong so quickly and have been so misunderstood in the process. A True Testimonial represents a belated opportunity to set things straight, put things right. The fans deserve it. So does the band. And so does the music.” – Don McLeese, author of Kick Out The Jams (Continuum 33 1/3 series)

http://tinyurl.com/MC5-ATT-poll

“Music so extraordinary that it transformed the lives of all who experienced it demands the release of a documentary that does the MC5 justice.  Few bands have ever seen so much go so wrong so quickly and have been so misunderstood in the process. A True Testimonial represents a belated opportunity to set things straight, put things right. The fans deserve it. So does the band. And so does the music.” – Don McLeese, author of Kick Out The Jams (Continuum 33 1/3 series)

http://tinyurl.com/MC5-ATT-poll