Riff Raff

Give Me Royalties or Give Me Death Inc. Three of the four former members of the Dead Kennedys, the long-defunct San Francisco political punk band, announced last week that they intend to terminate their relationship with Alternative Tentacles Records (ATR). The three members -- drummer D.H. Peligro, guitarist East Bay Ray, and bassist Klaus Flouride -- claim that ATR has paid them less in royalties than any other artist on the label for the last 10 years. (ATR denies it.) Although label-artist disputes are common enough in the record business, the former Dead Kennedys' charge is relatively unique and ironic. All four members of the band founded ATR in 1979 as a real alternative to working with major labels. They reasoned that a small, personable company -- run by Ray and the fourth member of the group, Jello Biafra -- could treat artists more fairly than a large corporation. In 1986, the year the Dead Kennedys split up, Biafra took full ownership of Alternative Tentacles. Now, after 10 years of carrying the band's catalog -- which still sells at a rate of 50,000 to 100,000 records per year -- the label, and by extension Biafra himself, finds itself charged with unethical behavior. Last week, Ray, Flouride, and Peligro sent ATR and Biafra a cease-and-desist letter that demanded the label quit selling DK records; they immediately followed the missive with a press release vaguely outlining the disagreement. "Recently, it was discovered that for the past 10 years ATR was paying Dead Kennedys (without their knowledge or consent) less per CD than the other artists on the label," the press release said. "Although claims for royalty underpayment have been presented to ATR, no satisfactory response has been received." Biafra fired back on Friday. "This whole action is a sham," his incendiary response said. "Their motive is sheer greed." Biafra conceded to a miscalculation in royalties, but said that he's actively trying to rectify the situation. Biafra's response also claimed that the three former members are trying to drag the label into a public conflict that could get hammered out in the press. East Bay Ray says that Biafra is wrong. Finally, both sides also disagree over whether or not the band can divorce the label. "They're making claims that they are taking the songs," says Alternative Tentacles' Jennifer Fisher. "They haven't taken them, and they can't." Ray disagrees: "She should consult an attorney. She's incorrect; the band owns the songs." As of early this week, the he-said-she-said arguments were too dense to unpack. Riff Raff promises more info as it comes. (J.S.)