Open letter to Sublime fans from Jon Phillips (former manager and A&R exec for Sublime 1994-1996, co-manager Sublime 2003-2009)

Dear loyal Sublime fans and friends, as well as Bud and Eric……..

After the recent postings regarding my involvement and the involvement of my company – Silverback Management, in the capacity of “preventing” Sublime from “reuniting” and touring, I thought this would be a good time to set the record straight and to clarify the chain of events so there is no confusion amongst the fans and those of you who are passionate about Sublime, including Bud and Eric, whom I both care about, and with whom, to this day I have never suggested anything that I feel would ever be detrimental to their careers, or to the brand management of their assets.

First and foremost, I DO NOT have the legal authority in this matter to prevent Eric and Bud from performing or recording as Sublime. That power rests within the legal parameters as they relate to Brad’s Estate, or to simplify things, his family, and the subsequent agreements with the other members, that are under contention as to the legal usage of the name “Sublime” and its trademark. I do have a professional opinion, and a personal feeling as to what makes sense to me, in the wake of my own experience with Sublime, but I certainly do not hold any authority in terms of the legal interpretation of the agreements that Sublime had in place amongst the 3 members prior to my involvement in 1994, when I first started working with the band. The possibility of Bud and Eric touring under the name Sublime, without Bradley, is legally not up to me, plain and simple. Subsequently, I am not legally privy to, or present at any court hearings or mediation that has taken place between The Estate and the remaining members, as my relationship to either side has been marginalized by the hiring of a new team, of to which I am a mere consultant with no official voting capacity. While Bud and Eric are entitled to their opinion as to what’s appropriate here, Bradley’s Estate, which consists of his widow Troy and his son Jakob, along with Bradley’s father Jim, are all human beings with a connection to Brad’s body of work, Sublime’s legacy, and with their own assessments as to what is appropriate in respect to their deceased family member’s legacy.

I would also like it to be clearly understood that at this point in time, Bud and Eric are both currently free to perform Sublime’s music under any incarnation, be it as the Long Beach Dub All-Stars, or any band name that they create that does not infringe on someone’s rights. They could legally do so today- both playing the music live, and recording, which is both their legal and creative right to do so. The fact that they have chosen to use the name Sublime is what has created a situation where there is confusion amongst fans, and disagreement between them and The Estate of Bradley Nowell.

In light of the contracts that existed between the individual band members prior to any of my involvement, which officially didn’t take place until July of 2004, both sides have hired their own independent teams of legal professionals and business managers with as much, or more experience in trademark cases than myself. From here, it really becomes a question of the legal process to decide and interpret what intent any of these subsequent agreements had as to usage of the name, given the circumstances Bradley was no longer here to participate in the very band whose namesake he founded and trademarked.

Personally, and professionally (I managed Long Beach Dub Allstars from 1998-2001 and it was a phenomenal project), I have consistently (and until this year Bud and Eric always indicated this to be their feeling as well) believed it would be most credible for the remaining members to go the route of Dave Grohl’s success with the Foo Fighters (and other projects), or at least the route of The Dead, and have some deviation of the name as to not confuse or dilute the brilliant and pure body of music and legend that continues to permeate pop-culture. In my opinion, the long term historical value of Sublime continues to grow with a valuable mystique that exists, due to the unique circumstance and footprint that, up to this point, has defined Sublime, all of which included Nowell.

As to the myspace page and the notion that I am underhandedly holding on to sacred ground that belongs to all of those associated with the name Sublime, including Bud and Eric, I unfortunately have ended up in this position by default. Originally when the page was created and we were given the passwords, our firm still represented all 3 parties (Bud, Eric, and Bradley’s estate). Any member has been free to promote their ongoing activities, music projects, friends etc. None of the members had ever proactively sought access to the codes until after this disagreement. With all of the contention going on with respect to who owns the name, I was instructed by the band’s own legal advisor to hang onto any of these until some sort of legal decision was arrived upon through mediation or otherwise, as to not allow any additional confusion and haphazardness as to the name and the current status of its use. Still to this day, all members have the ability to promote any projects through the web and Sublime social networks, other than the litigious scenario that currently encompasses the process of promoting a newly formed group under the name Sublime. Believe me, I am the last person that wants to withhold anything from anyone, and have tried to reach out to Eric and Bud personally only to be told not to talk directly to them, but through their lawyers and new representation.

While Eric Wilson is still under contract with us a management firm, he has ceased his communication with me after a friendship and business relationship that dates back to 1993. While Bud has chosen to terminate my involvement in any management capacity, and is no longer under contract, I appreciate that he has the freedom to obtain independent counsel and his own form of personal representation in the music business, and I don’t begrudge that. I would like to think as men we can disagree, and one can respect that I do have a personal and professional opinion and that is my right and it isn’t an opinion I care to hold sacred above anyone else’s. As a respected professional of close to 2 decades in the music business, and someone who absolutely loves music first and foremost, even ahead of the business, I wholeheartedly feel that a move to “re-unite” (can’t be done- Brad is dead), or “reform” a band as special as Sublime, without the presence of the band’s deceased leader, founder, principal songwriter, vocalist and guitarist is improper. It is an action which doesn’t feel right in my heart as a fan, and from my own professional standpoint, seems like a risk which could become potentially damaging to the long term credibility of the unique sublime legacy, and an undertaking that deserves scrutiny. This scenario is certainly not without case study or examples that we’ve seen throughout music history, and again, I am simply stating my own opinion.

Since posts originating from www.budgaugh.com, www.myspace.com/budgaugh and www.skunk.com allege that myself, and Silverback, are responsible for being the industry obstacle for the Sublime “REUNION” to take place, and have since encouraged fans to reach out and debase my company and professional existence, I have received about 10 total emails from fans with varying sentiment.

As a fan, please don’t be misinformed that I have anything to do with stopping Bud and Eric from playing Sublime’s music (not the case as I totally support them playing music, and any of Sublime’s music, use of the name being a separate issue that Bradley’s estate is dealing with). I also wanted to clarify that Jakob, Bradley’s son is in a favorable financial position due to his equitable share of his father Brad Nowell’s royalties, and it shouldn’t be misconstrued that he is in a position where its necessary for Sublime to perform for his financial benefit. I don’t think he wants anyone having that impression, so I think it is unfair to use him in this capacity.


That being said…….I’d like to tell you a bit about myself and my company.


Here’s my background……From 1992-1996 I worked for a record label called Gasoline Alley, which was a joint venture with MCA/Universal records. In 1993, I met Bradley, Bud, and Eric serendipitously through a mutual friend who I met working at the label. He dropped on me “40 oz. To Freedom” and an earlier release entitled “Jah Wont Pay The Bills”. I was floored by both the music and the band’s album artwork and became instantly hooked into this infectious fusion and brand of music that had made it onto 2 cassette tapes (yep- cassettes)! It was a style of music and songwriting that I hadn’t heard before and I couldn’t stop listening. After many attempts to get the label to sign the band, and subsequently many other major labels, all of which “passed” on Sublime, I was able to convince a few folks at Gasoline Alley, including my uncle Randy Phillips (a partner in the label) that the band was worthy of a record deal, and more so, talented enough to become a platinum recording artist, which as you know, Sublime eventually did……selling over 14,000,000 albums worldwide.

My initial fervor towards the music and art of the band, and the relationship and trust I had built with them in the “courting” process enabled me to jump in, unbridled, and in any capacity, as Bradley had asked me to “manage” the band and forget about all the labels, including Gasoline Alley, who at the time still didn’t want to sign them. He said “Jonny- I know we can do well, at least as well as the Meat Puppets !! Classic Bradley. Well, I definitely believed they could do a lot better, I was seeing and envisioning Nirvana type success, albeit with the same hazards and risks of a project riddled with drug abuse and addiction. Eventually, Gasoline Alley was willing to adopt the risk, and I fell into the precarious position of both being the band’s manager and A&R liaison at the label simultaneously.

From here, we had a budget from the label at our disposal to create a new Sublime album. I came up with a list of producers including everyone from the Dust Bros. (Beastie Boys ,Beck ) to Walter Becker and Donald Fagen from Steely Dan (wishful thinking J ) to Paul Leary (Meat puppets/Butthole Surfers) and David Kahne (Fishbone). I’d like to point out here that the statements made by Bud on his site www.budgaugh.com regarding the chain of events with respect to the selection process of producers and David Kahne’s subsequent involvement as a “pop” producer is completely anachronistic and simply not the case. David flew out from New York without ever meeting the band, but being the first producer to gravitate to something in their music, and as a vet of the seminal Fishbone titles, was a contender to make something great with Sublime, and yes commercially viable. Brad and Miguel fully backed the idea, from what I remember so did Bud and Eric, albeit Bud wasn’t the exclusive drummer on these sessions. All of this actually took place prior to the Austin, TX sessions with Paul Leary, which yielded the bulk of the now infamous 3rd album. The hiring of both producers, as well as sublime’s home recording set up were all conscious decisions to elevate the production value of previous releases without losing the funky pastiche the band had orchestrated on their earlier records, but at the same time allowing them the tools to create something that might achieve a higher degree of commercial success. I can assure you however, the label never dictated any creative decision making, and I know because at the time I was handling all of this within an autonomous process outside of any big label execs or promotion departments dictating anything. In fact, at that time sublime was merely a blip on MCA’s radar, and truthfully when the record was done, MCA almost decided not to release it. Furthermore, Gasoline Alley, as a label were against my selection of David Kahne, due to some previous dealings in which he made another client of theirs intimidated in the studio, and deemed him a difficult producer to work with. Incidentally David called me after the first day in the studio with Sublime and told me he wanted to go home, that he didn’t know what was wrong with these guys, and that he thought it might be a waste of money until the band was better prepared. Funny how that works, David stayed put and the band reeled out the hits “What I Got”, “April 29. 1992”, “Caress Me Down” and “Doin Time”. And I can remember Brad handing me the final version cassette master (yes another cassette 1996!) in the lounge of the studio and saying….”Well Jonny, at least we got out money’s worth” referring to Kahne’s mixes which would all eventually find themselves on the 1996 self-titled album, and still find themselves with recurrent airplay nationwide, 13 years after their release!

WE ALL LOST… Bradley a few months after the band’s masterful recording sessions that comprised the self-titled album, and prior to its release in august 1996. The power of this amazing sound permeates our culture to this day, and has transcended a music era which Sublime had made its indelible mark on, and through the music I know always will.

Lastly, as to the characterization of Silverback Management as a “suit operation”, anyone in the music business would flinch at such banality. Silverback is a boutique family operation with a staff of people motivated by music, art and technology. We are all music fans first and foremost. We care deeply about the people in the bands we represent and not only assist creative people with their professional lives, but have very close personal relationships with them all of our artists as well. We have always looked to represent artists’ short term and long term goals and interests, and our reputation is something both the artist and business community would endorse as honest, earnest and respected.

“Dear John and Blaine,
I recently heard that you guys over at Silverback Entertainment have been trying
to prevent Sublime w/Rome from continuing. I would just like to say as a Die hard Sublime fan, that i am terribly upset by this. After being a loyal fan for 9 years i have bought every release they have ever put out. And dreamt that one day i could possibly see a reunited Sublime preform live instead of seeing some shitty tribute act use Sublimes music to plug their own (Badfish) and make over 1 million dollars a year touring the country playing music and reaping applause that doesnt belong to them... Well Fuck you sirs. Fuck you. Many of us never got to see the real deal. Dont be dicks and prevent us from seeing the next best thing. LEt Bud and Eric have their god given right to make their music!John, Blaine, i have also spoken with my fellow forum members (1,976 strong) Ben one of our respected members is in the process of compiling a list of artists on your roster to boycott
we all listen to their music
Slightly Stoopid
Pepper
The Expendables
Fishbone
Why should we support you when you wont support a reformed Sublime? Dont give us a reason to Boycott Please.

Regards
JFrumess"


“I wanna personally thank you for not letting the Sublime reunion happen. I do not know the details or the drama involved but in my non-biased opinion as a fan, this was going to be a disaster. Cheers!”

“Why won't you just LET THESE GUYS PLAY? Isn't it bad enough that you've owned their souls and made MILLIONS of dollars off of THEIR work for the past 14+ years?”

“Or is it that you can't let good things be without getting some money in your pocket. Because it's CLEAR that all you management people care about is MONEY. Making money off of others' work and talent. You're all scum. Nothing more than a talentless leech.”

“But why SUBLIME? Haven't they been through enough? Bud and Eric lost their BEST FRIEND not to mention, their band mate. They've also lost MILLIONS of dollars on their music and merchandise, being it all magically found it's way to your pocket.”

“Can't you just leave them alone? At this point: you're being a bully. You have PLENTY of other talented musicians to leech off of, leave these guys alone, they haven't caught a break.”

“and i just want you to know, among the hate mail you guys are probably getting... that some of us that are long time sublime fans support the REAL SUBLIME... and do not support rome. we don't support them selling out brad like this at all.”

“the music will always live on, it still draws new fans, to this very minute... and doesn't need some copy cat kid trying to take over brad's place.”

“keep fighting the good fight, you have people behind you.”

We're trying to gather a group of people to show support for the family and brad...

http://www.facebook.com/gr..oup.php?gid=187405920624

ESTATE OF SUBLIME LEAD SINGER BRADLEY NOWELL ISSUES STATEMENT REGARDING THE USE OF NAME SUBLIME BY EX-MEMBERS BUD GAUGH AND ERIC WILSON

LOS ANGELES (October 23, 2009) - The Estate of Bradley Nowell, Sublime’s late singer, guitarist and primary songwriter, issued a statement today regarding the use of the band's name by Sublime bassist Eric Wilson and Sublime drummer Floyd “Bud” Gaugh.

Sublime members Floyd “Bud” Gaugh and Eric Wilson, along with new vocalist Rome Ramirez, who performed with Gaugh and Wilson earlier this year, are scheduled to perform under the name “Sublime” on Saturday, October 24th at Cypress Hill’s 2009 Smokeout Festival. Sublime, with its original members, has not played together since their final performance with Nowell on May 24, 1996. The advertising and promotion of the new group as "Sublime" has been done without the consent of the Estate of the late Bradley Nowell (consisting of widow Troy Nowell, father Jim “Papa” Nowell, and son Jakob Nowell). The Estate intends to take appropriate legal action to protect Brad’s intentions, as well as the legacy and integrity of his body of work.

Nowell’s family released the following statement on the band’s official Web site today:

“It was recently announced that Sublime bassist Eric Wilson and Sublime drummer Floyd ‘Bud’ Gaugh are ‘reuniting’ and teaming with singer and guitarist Rome Ramirez in a band they intend to call ‘Sublime.’ Prior to his untimely passing, both Bud and Eric acknowledged that Brad Nowell was the sole owner of the name Sublime. It was Brad's expressed intention that no one use the name Sublime in any group that did not include him, and Brad even registered the trademark ‘Sublime’ under his own name.

As Brad's heirs, and with the support of his entire family, we only want to respect his wishes and therefore have not consented to Bud and Eric calling their new project ‘Sublime.’ We have always supported Bud and Eric's musical endeavors and their desire to continue to play Sublime's music. We wholeheartedly supported Bud, Eric and the many talented members of the Sublime posse that formed the Long Beach Dub All-Stars, soon after Brad's death, to honor him through their original recordings, live performances and Sublime music until they disbanded in 2001. But, out of respect for Brad's wishes, we have always refused to endorse any group performing as ‘Sublime,’ and now with great reluctance feel compelled to take the appropriate legal action to protect Brad's legacy.

Our hope is that Brad's ex-bandmates will respect his wishes and find a new name to perform under, so as to enhance the ‘Sublime’ legacy without the confusion and disappointment that many fans have expressed upon seeing the announcement.

Peace and Love to all,
Troy, Jakob & Jim ‘Papa’ Nowell.”