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  • #16
    personally I expect it to be overturned in the high court.
    Recording Studio Design Forum
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    • #17
      Lawyers At Work.
      **********

      "Look at it this way: think of how stupid the average person is, and then realize half of 'em are stupider than that."

      - George Carlin

      "It shouldn't be expected that people are necessarily doing what they appear to be doing on records."

      - Sir George Martin, All You Need Is Ears

      "The music business will be revitalized by musicians, not the labels or Live Nation. When the musicians decide to put music first, instead of money, the public will flock to the fruits and the scene will be healthy again."

      - Bob Lefsetz, The Lefsetz Letter

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      • #18
        Lawyers At Work.


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        • #19
          As we know, Huey Lewis's "I Want A New Drug" was successfully sued by Ray Parker, Jr., when it was alleged that Lewis's tune USED THE SAME CHORD CHANGES as Parker's "Ghostbusters". We're not even talking melodic plagiarism here.... but rather, merely using the same set of chord changes!
          it was much more than the chord changes. It was the beat, the bassline, and Ray Parker even inverted the sax line from the Lewis song. The kicker was that the producers actually had "I Want a New Drug" in the rough cut of the film and when they told Parker that they wanted something like this (I Want a New Drug) he just copied it.
          "It's all good; except when it's Great."

          www.jotown.com

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          • #20
            I recall that Charles Mingus had a song called "Gunslinging Bird" and the subtitle was Or, if Charlie Parker were a gunslinger, there'd be a whole lot of dead copycats

            Music for your busy day.

            All the info you need.

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            • #21
              I've known that Kookabura song since 4th grade, and even I've never noticed the snippet in "Down Under". It clearly is the same melody, but used so subtley--I probably would never have noticed had it not been pointed out. In fact, I've heard the song come on the radio several times since hearing about that lawsuit, and even then, I wasn't able to pick it out until now.

              The Beatles did a similar thing, using part of Glenn Miller's "In The Mood" at the end of "All You Need Is Love", and I believe they ran into some trouble for it. So even the Fab Four weren't immune to that sort of thing.

              This is somewhat off-topic, but first time I remember hearing "Down Under", I thought the guy was Jamaican. Anyone else have that experience?
              ...

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              • #22
                Colin Hay's Acoustic version of Down Under.

                A little bit of stand up from Collin at 1st.
                Song kicks in at 1:19




                .. and here is his is response to the judgement.

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                • #23

                  + 9'500'000 AU$ royalties "Down Under"
                  - 1'100'000 AU$ two bars Kookabura flute
                  = 8'400'000 AU$

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                  • #24
                    Someone suggested that Men At Work re-release the song without the flute and all royalties go toward paying off Larrikin
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                    • #25


                      Stick that up on gearslutz. There's an author there who thinks he's an author.

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                      • #26
                        Plagiarism suits have been lost over nonsense even subtler than this. I'm thinking of the way Bette Midler sued.....and won.... when a car commercial featured a girl singing "Do Ya Wanna Dance?" slowly and sexily. Midler claimed that her "style had been appropriated". Not her song, her "style". What's the world coming to if you can't imitate somebody else's "style" ?


                        Tom Waits won a similar suit, but Nancy Sinatra lost hers. AFAIK, those cases had nothing to do with copyright because the underlying musical composition was validly licensed. They involved the right of publicity.

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                        • #27
                          They involved the right of publicity.



                          And that must be a very sticky province of the law, I should think....
                          Every paint-stroke takes you farther and farther away from your initial concept. And you have to be thankful for that. Wayne Thiebaud


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                          • #28
                            Plagiarism suits have been lost over nonsense even subtler than this. I'm thinking of the way Bette Midler sued.....and won.... when a car commercial featured a girl singing "Do Ya Wanna Dance?" slowly and sexily. Midler claimed that her "style had been appropriated". Not her song, her "style". What's the world coming to if you can't imitate somebody else's "style" ?


                            White v. Samsung (1992)

                            The advertisement, which prompted the current dispute was for Samsung video-cassette recorders (VCRs). The ad depicted a robot, dressed in a wig, gown, and jewelry, which Deutsch consciously selected to resemble White
                            Music for your busy day.

                            All the info you need.

                            Be my friend?

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                            • #29


                              The Beatles did a similar thing, using part of Glenn Miller's "In The Mood" at the end of "All You Need Is Love", and I believe they ran into some trouble for it. So even the Fab Four weren't immune to that sort of thing.



                              While the song was in the public domain, the Beatles and George Marti were sued for using the arrangement, which was still under copyright.
                              Originally Posted By Trace-P38
                              Flogger wins.








                              Originally Posted by Uma Floresta View Post
                              Because we floggers won the music war some time ago.








                              Originally Posted by Mike Riley View Post
                              Preaching to the choir Rush in on a whole different level to quote a movie You might listen to Rush but you cant here Rush



                              http://www.box.net/shared/x85lhnst14

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                              • #30
                                zooey, I get the sense you are a lawyer or have significant legal training, so I figure I'd ask U.
                                I dig this is in australia and you are US (I assume Australia is common law) , but do you think there is an opportunity for a laches defense in the Men at Work case?

                                I'm not knowledgeable on the practicals of laches, I dig the basic concept and that's abt the limit of my exposure to it.

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