TIMBALAND SETTLES OVER SPAZZ COPYRIGHT SAMPLING INFRINGEMENT timbaland

In lieu of a copyright lawsuit over the song “Throw It On Me” from his Shock Value album, Timothy (Timbaland) Mosely and David Cortopassi, the composer of “Spazz”, which was originally recorded by The Elastik Band and released thru ATCO/Atlantic and EMI have reached a settlement agreement.

Spazz, noted as being “one of the most tasteless records ever made”, was initially banned by radio stations and even pulled mid-stream while on air when first released in 1967. At the time, the deejay even apologized to his listeners for playing the record. Since then it has become a popular cult favorite of garage band enthusiasts worldwide, which led to its CD re-release in 1998 by Rhino Records on their “Nuggets: Original Artyfacts from the First Psychedelic Era 1965-1968” [Box Set].

“Throw It On Me”, recorded by Timbaland in collaboration with Randy Fitzsimmons of The Hives and Timothy Clayton (a.k.a. rapper Attitude) did well on the charts selling well over one million units. Justin Francis directed a DVD music video of Timbaland’s recording that premiered during WWE Raw featuring the World Wrestling Entertainment Divas. The recording was also used as theme music for Verizon’s Voyager Phone commercial.

Terms of the settlement are undisclosed.


THE ELASTIK BAND Shindig Magazine
Special Feature in Shindig Magazine!

Shindig Magazine presents “Psychotic Reaction – The U.S. 60s Garage Rock Explosion”. Features special in-depth exclusives on the Elastik Band and many more… from the pens of top pop writers, archivists and historians – covering a broad spectrum of North American bands who have come to define the term “garage”. On shelves at your local bookstore, or order online direct from Shindig.


THE ELASTIK BAND CD has been selling well and receiving great reviews in the press! Also, pick up Misty Lane #21 (www.mistylane.it) and Ugly Things #25 (www.ugly-things.com) for in-depth interviews with singer/songwriter David Cortopassi on the band’s history and the full story behind their infamous cult classic “Spazz”. Misty Lane #21 also comes with a bonus CD compilation including the Elastik Band track “Think of Today”!

Review excerpts:

“Heading Stateside reaps the most rewards this month, with the surprisingly excellent THE ELASTIK BAND anthology….. highly recommended… 4/5 stars”
– Record Collector Magazine

“…an essential purchase for anyone interested in the San Francisco music scene of the late 60s.”
– PopMatters

“As a whole this collection hangs together really well – ‘Spazz’ and all.”
– Ugly Things Magazine

“The Elastik Band’s story is featured in this very issue so read it all. The music is luckily all available on the splendid reissue releases on Digital Cellars Records….. Not only it contains liner notes and cool pictures but the sound quality of this reissue is excellent.”
– Misty Lane Magazine

“The Elastik Band was actually a highly talented group that could play just about any popular style in vogue during the mid-to-late 60s… Hopefully the release, though belated, will show that the Elastik Band was far more than a novelty one-hit wonder.”
– KOOP 91.7FM radio, Austin, TX


THE ELASTIK BAND Elastik Band CD
CD AVAILABLE NOW!!!

Best known for its 1967 cult single “Spazz”, the Elastik Band recorded two full albums worth of material along with the notorious single. Salvaged from original master tapes, this Special Edition retrospective CD features liner notes, previously unreleased band photographs and rare memorabilia, and a true gem… a late 60s recording of an Australian DJ who stopped playing the Spazz mid-stream, saying it was offensive, and refused to continue playing it!

Available directly from the artist, here at Digital Cellars – visit our Store for ordering details.

In related news, the UK’s Record Collector Magazine will be featuring the ultra-rare 1967 EMI Stateside promo release of the Elastik Band’s infamous “Spazz” single in an upcoming article covering “the most collectable/interesting/best American singles to be issued in the UK during the late 1960s psychedelic era.” A subsequent issue of Record Collector will feature an exclusive interview with David Cortopassi, singer and songwriter of “Spazz”, complete with band pictures. Details on the issue numbers and release dates will be posted here when available.


Acid ArchivesRODAN has been included in the new reference book “The Acid Archives”, which catalogs obscure collectible rock/psych/funk albums. Details on the book can be found at the Acid Archives website.

RODAN was originally known as MAX for the majority of its existence. The 1974 album, which now fetches sums of several hundred dollars amongst collectors, was originally released just before the band broke up. More info on MAX/Rodan on the Artists page.

Expect a CD release from Digital Cellars of the RODAN album, along with plenty of unreleased MAX material.


“No One Gets Me Up Like You Do”, the lead track on David Cortopassi’s “Embrace Destiny”, has been awarded “Track of the Day” at Garageband.com! The song is garnering enthusiastic reviews and shot up to #6 on the Jazz charts during its Qualifying Round.


The first review for David Cortopassi’s “Embrace Destiny” is already in! Here’s a snippet:

“Embrace Destiny gets a MOST HIGHLY RECOMMENDED from us, as well as the ‘PICK’ of (the year) for best all-round album!”

– Improvijazzation, issue #60