"Eternal Music," an article in Creative Loafing's June 10 Vibes section, profiled the forthcoming release of Inside the Dream Syndicate Vol. 1: Day of Niagara by Atlanta-based record label Table of the Elements. The CD, now available, documents for the first time in widespread release the birth of one of the most significant developments in 20th century art music, an open-ended drone-based work that had a profound impact on both the composition style known as minimalism and the underground rock sound introduced by the Velvet Underground. From the start, however, the release has been embroiled in controversy, because it was put out without the authorization of two of the music's primary architects, composer La Monte Young and his wife, Marian Zazeela. In a statement posted on Young's website (lamonteyoung.com) last month, Young claims he was not contacted by TOTE about the release, and only after CL's article did Young's attorney contact TOTE. Suddenly, an authorship dispute that has simmered on the fringes of art music for 35 years has been revived, and allegations of possible copyright infringement have brought this enduring battle to Atlanta.

Some background: From 1962 to 1965 a group of classically trained musicians calling themselves the Dream Syndicate (later dubbed Theater of Eternal Music) forged a drone-based body of work dubbed "dream music," made of long, sustained tones, non-Western linearity and pure harmony (called "just intonation"). While the group's membership changed regularly over the years around the core of Young and Zazeela, the membership during this formative period included John Cale (later a member of the Velvet Underground), Tony Conrad (a filmmaker and musician who in recent years has recorded for TOTE) and Angus Maclise (a poet and percussionist who died in 1979). Shortly after Cale and Conrad left the group, Young gathered up all of the Dream Syndicate's recordings. He refused the former members access to these tapes unless they recognized Young as the sole composer of the group's underlying body of work. Conrad and Cale, however, have long argued that their activities were a collaborative effort and reject the notion that this music could even have a composer in the traditional sense.

For nearly 35 years, this stalemate remained the status quo, and the recordings remained virtually unheard by anyone, including Cale and Conrad. Over the decades, the existence of these recordings has developed a near-mythical status. Until May, that is, when TOTE announced that it had obtained a copy of a 1965 group recording and would be releasing it on CD.

Since becoming aware of the impending release, Young has made it clear he views it as an unauthorized release of his music. Explaining how his input qualifies him as the sole composer, Young says, "I really outlined the parameters for rhythm, harmony, melody and duration in my work. These are usually considered to be a part of music composition. I feel that this work is much stricter than just a broad system of music."

In a 27-page essay posted on Young's website in recent weeks, Young also writes that this recording is part of his ongoing composition, The Tortoise, His Dreams and Journeys, a never-ending composition based on his underlying body of work.

In an e-mail response sent to CL, Conrad asks, "What is an 'underlying musical composition?' In 1970 John Cage wrote and copyrighted a piece whose entire 'directions' (that is, score) comprise the words 'Prepare something to eat.' Would this 'underlying musical composition' be grounds for paying Cage royalties each time someone cooks?"

According to Young's attorney, Robert Clarida, the underlying body of work is more tangible than Conrad's notion and is indeed protected. "Under the federal law there are two copyrights at stake," Clarida says. "One for the sound recording and one for the underlying body of work. The recording is not protected under the Federal Copyright Act because there was no federal protection extended to sound recordings until 1972. However, the underlying composition is copyrightable and is in fact registered with the Federal Copyright Office."

Clarida further explains that in order for the underlying composition to be considered a joint authorship, it must meet two requirements. First, each contributor has to contribute copyrightable material, not just a vague general idea. Secondly, each of the joint authors must acknowledge co-authorship. Further, Clarida cites that if one party's claim to authorship is repudiated by another, they are then obligated to take legal action within three years. Because Conrad and Cale did not do so within three years of Young's claim to sole authorship, they are now barred from making a legal case.

However, according to Atlanta-based intellectual property attorney Barry Kaplan, this may not be accurate. "If [Young] is claiming that [he] owns a genre definition it probably won't go very far in court," Kaplan says. "The tangible expression of it is protectable, but not as a genre. Also, there is a three-year statute of limitations on infringement, but it is usually measured against an infringing activity rather than a claim of ownership interest."

Although Kaplan allows that Young may have grounds for a strong case, there are various legal defenses TOTE could employ to protect itself. For one, it could claim "fair use" if the recordings have become public domain; it's also possible the label can make a convincing case for co-authorship.

TOTE officials declined CL's request to interview label owner Kristin Johnson or the label's attorney. However, the label issued an official response to Young's claims on July 11, stating: "Table of the Elements would be happy to work with La Monte Young and Marian Zazeela in realizing pending Dream Music recordings but for the inescapable fact that Mr. Young now demands that he be accorded sole composer status in the recordings. In the event that Mr. Young ceases such demands and embraces the plain reality of co-authorship, TOTE, Mr. Cale and Mr. Conrad will be more than happy to include Mr. Young and Ms. Zazeela in the process of realizing these important recordings. Until such time, Mr. Cale and Mr. Conrad are well within their legal rights as co-authors of a joint work to authorize TOTE to release these recordings without Mr. Young's stamp of approval, so long as Mr. Young (and Ms. Zazeela) is (are) paid a pro-rata share of the profits derived from such release."

Despite his own legal assessment of the situation, mounting a lawsuit isn't the first item on Young's agenda. "You have to have $100-150 thousand in your pocket if you're going to start a lawsuit like this. Why waste all of that time and money?" Young says. "I don't think a lawsuit is the answer. I am hopeful that a satisfactory and harmonious solution can be reached among the parties involved, so that my music of this period can finally be released."

Young specifies three criteria as part of this solution: First, he receives proper credit as the composer of the underlying musical composition. Second, he receives fair renumeration for his contributions. And third, TOTE obtains a complete version of the work from his original master recording, which, he claims, is in much better condition than the version the label has used.

As the voices surrounding this argument remain as loud and unwavering as the music itself, it's not likely the two sides will agree anytime soon. However, the release seems to have sparked new life into material that has been smoldering for more than three decades. In addition to Day of Niagara's release, Young and Zazeela have launched their own record label, Just Dreams, to begin releasing selections from their vast archive of music. They've issued one release, The Tamburas of Pandit Pran Nath, and are currently working on a DVD release of a Young's Well Tuned Piano.

"It will be interesting to see what happens," Young says of the eventual fate of dream music. "Even in the unlikely event that Cale's and Conrad's position were to be deemed legally correct, that everyone is a co-composer, then there's nothing to stop me from fighting fire with fire and releasing a high-quality recording of the material with beautiful cover-art and well- written notes."