MediaChannel: What form does censorship take, specifically, when entertainment broaches the race and class subjects you tend to deal in? Do people take this kind of censorship less seriously because the material you're producing is taken as pop?

Danny Hoch: I don't think anyone sees it as censorship. Unfortunately, the only time people can identify censorship is when someone gets on stage and says, "I'm killin' cops..." or "I'm fuckin' rapin' bitches...," and then the record is protested. This is not censorship. Those records are released in tens of thousands of record stores and the "bad press" sells more records. When movie studios, record companies and publishers "kill" projects because they are afraid of putting race, class and culture into the public dialogue, it's really censorship.

As much as you can, can you describe the situation that led to the music hold-up of "Jails, Hospitals, & Hip-Hop"?

Rawkus Records and JHH Pictures had a contract (legally binding, 40-plus pages, cost over $50,000 to negotiate) for Rawkus to produce and distribute a soundtrack for the film "Jails, Hospitals & Hip-Hop," score the film, provide all music clearances and licenses, and spend $400,000 in marketing the film and soundtrack. Last December (three months before the March 3, 2000 release date), Rawkus Records abruptly decided to reject any of their obligations. Aside from the lack of marketing support, which we were depending on Rawkus for, our film distributor could not release the film without any music clearances. So they postponed the film's release until May 2000, hoping that Rawkus would eventually come to their senses and at least grant the clearances. That did not happen. In fact, Rawkus deemed the 40-plus page contract invalid and claimed no responsibility for anything. Our film distributor, Stratosphere Entertainment, subsequently froze the ads, publicity, and all expenses and shelved the film indefinitely. We think that they [Stratosphere] are going to sue us [the "Jails ..." film company] for not being able to provide the necessary licenses, which Rawkus was responsible for. Therefore, "Jails ...," the film, took legal action in the Supreme Court of New York for damages amounting to $50 million against Rawkus Records for among other things forcing the film to lead a film distributor to make expenditures, making the film miss its window of marketable release, and also for allowing the title track, "Jails, Hospitals & Hip-Hop," to be released on a mix album before the film's release, thereby hampering the marketing of the film using the film's title song.

[NOTE: Rawkus Records did not respond to interview requests at time of publication.]

Is it possible to change the music?

No one wants to pay to replace the music.

With reference to the window of marketable release: Are people becoming less receptive to this material?

The reviews in the major hip-hop publications came out in March, when the film was supposed to come out. You cannot replace long-lead press when you are a low-budget film with a low-budget marketing budget. Plus, the more time passes, the more the music in the film becomes dated. In hip-hop, how crucial is this? You tell me.