I appreciated this post, thanks. I have heard that many young people who feel a passion for songwriting can actually be deterred, unfortunately, by the fear of writing a melody that will later be found to be similar to a pre-existing one. And should that surprise anyone? Try to write a "catchy" melody and it is instantly risky. If it sounds good, chances are it's close to something previously written. They say the pendulum goes back and forth with these kinds of lawsuits. I think the trend now is to give some slack to people in cases that are not a slam-dunk. We may hear about a jury verdict in favor of the aggrieved party, but then there will be a reversal. However, the damage would already be done to someone like Carey. Everyone would remember the lawsuit and be suspicious, right? Didn't Katy Perry go through this? A jury with its relative gullibility is likely to say "the two songs sound similar." But that's not enough.
@brianmiller5955 Жыл бұрын
Mariah's actual lyric is "Santa won't you bring me the one I really need, won't you please bring my baby to me." They are not the same. I happen to be a huge fan of Mariah's so I can admit to being biased, but I've heard her talk about giving artists credit. She is not the kind of artist to borrow from someone and not give them writing credit. She doesn't believe in stealing from artists. I honestly hope she wins as this song has grown in popularity over the last 25 years and for him to wait to 2022 to sue, it all feels like a weird, poorly contrived money grab. Also, if Marvin Gaye's Estate lost is copywrite infringement lawsuit against Ed Sheeran, then I don't see how Andy Stone's suit can win. Speaking of the Gaye v. Sheeran lawsuit, I am blown away that the Gaye family lost. Sheeran's song is clearly a ripoff.
@steventwist9143 Жыл бұрын
I heard about this on the Megyn Kelly show. Actually, I was surprised by how close that the main hook is to the plaintiff 's and therefore concur with your final summation.
@draftedlegal Жыл бұрын
Yeah, the start of the songs aren't very similar in sound but get moreso. I'd imagine Plaintiff's hold out for as much as they can get and it ends up settling. How much do you think it will settle for?
@memorylanemodelcars Жыл бұрын
Personally I Feel Vince Vance Has A Good Case but Not A Perfect Case #1 He Published His Version it Appears in 88 to Start Performing it in 89 Copyright Isn't Just About Exact or Complete Copy Of the Work. It's Also Got to Do With Concept, Direction And Conclusion of the Work as Well. In Many Copyright Cases ONLY A 10-15 percent Change to Content is Needed to Thwart A Copyright Claim in A Court/Jury Trial Setting However I Feel The Songs Are Too Close in Context, Intent And the Exact Fact A Woman is Pleading For Santa that All She Needs For Christmas is You ! I think Mariah Carey Will lose in this Lawsuit. Hey If Vince Vance Pushed it Hard Enough Mariah Carey Could Lose All Rights to Perform or Sell Copies of Her Version in the Future. Think About that As A Possible Outcome ! The Attorneys For Both Sides Should Get Together and Agree to An Undisclosed Settlement Amount and Be Done with the Issue in My Opinion 😊. (BTW I Think 40 Million is More Correct Number ). I Agree Mariah & Her Writer Should've asked Permission To Prevent Infringement Issue From Being Raised but Chose NOT To
@memorylanemodelcars Жыл бұрын
I believe Del Shannon Could've Sued Elvis Presley over Song "Marie's the Name ( OF His Latest Flame)