311
Lawsuit won't keep this band down
By Kristi Singer
Morning Star Correspondent
Nebraska band 311 wants to get back to what's important - making music. Since August, the band has been dealing with a lawsuit it filed to end its deal with Capricorn Records.
"(The lawsuit is) basically just to stand up for ourselves," said guitarist Tim Mahoney. "I don't really know what's going on with their company, but it's really just to kind of look out for ourselves."
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"311 - (left-right) S A Martinez, Tim Mahoney, Nick Hexum,
Chad Sexton, P-Nut 1999 photo credit: Marina Chavez" (Rolling Stone)
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Vocalist/guitarist Nick Hexum, vocalist/DJ SA Martinez, drummer Chad Sexton, bassist P-Nut and Mr. Mahoney signed with Capricorn Records in 1992. The band's best-selling album, 1995's 311, was released when Capricorn was partnered with Mercury Records.
Capricorn has not joined with another major label for almost two years. A statement issued by the band's attorney listed on the Wall of Sound Web site claims that "Capricorn has bounced between three different record distributors culminating in an unstable atmosphere which has demonstrably been to the detriment of 311's career."
"It just came to the point where (a lawsuit) was the only thing we could really do for them to take us seriously," Mr. Mahoney said. "It's been an ongoing thing throughout our career with them."
The band wants to focus on the music instead of the business, but Mr. Mahoney said that the problems have been "like a dark cloud."
"All of our dreams are to play music and we're very thankful that we get to do that and it's just a hassle," Mr. Mahoney said. "We like to just focus on the art and to play music and that's what we do and that's where our hearts lie."
Mr. Mahoney hopes that the struggles will ultimately make the music better.
311 will record a new album, yet to be titled, when its current tour ends after Thanksgiving. It plans to start recording in December.
"We're just going to keep going ahead and working on the record and getting the record made, and hopefully things will be smoothed out by the time the record is recorded and hopefully we'll get it out in the summer," Mr. Mahoney said.
The lawsuit against Capricorn is to get the band out of its contract. Mr. Mahoney said that the only thing that is unclear is when the next record will come out.
"We'll get the music out there somehow," Mr. Mahoney said. "Nothing can hold that back."
311 formed in Omaha, Nebraska in 1991 and moved to Los Angeles in January of 1992 to seek a record company.
Shortly after the band moved, Capricorn Records signed 311 after hearing a six-song EP called Hydroponic that the band recorded in Omaha.
Mr. Mahoney said that 75 percent of those two records were re-recorded and rearranged and added to new material for the creation of its first major release, Music.
Although things are uncertain at the moment, Mr. Mahoney and the rest of 311 continue to value an optimistic attitude.
"Over the years we've learned the value of an optimistic outlook of a positive attitude, and try to look on situations from the positive side because that's when change starts to happen," he said.
Copyright: Wilmington Morning Star News, Currents, 10/27/00
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