From: utzoo!decvax!yale-com!brunix!ljm
Newsgroups: net.music
Title: Re: GIBBS GUILTY! FEVER FANS FORLORN!
Article-I.D.: brunix.1698
Posted: Fri Feb 25 08:00:03 1983
Received: Sat Feb 26 04:44:27 1983
References: ihuxw.288


This decision bothers me a lot.  The good news is that Harrison eventually
prevailed on appeal, so maybe there is a precedent.

As a musician, and also as someone who spent ten years in radio, and also
produced a few records, this whole deal is so blatant that my stomagh hurts
when I think about it:  some bozo decides he can make a few bucks by
harassing a celebrity, files a copyright infringement claim, gets a jury
trial (the real goal - since a jury is almost always unqualified in such
matters and will side with a percieved 'underdog'), and wins a decision
based on ignorance...

First (and I hope the BEE GEES lawyers out there are taking notes) -
what was the motive for the Bee Gees to steal this guys sone?  None.
They know (or their management knows) what the penalties are, and what
legal hassle would ensue.  Also, if they really like the song, they
could cover it and pay the guy his mechanicals anyway.

Second, what was their opportunity to copy this song?  Probably zero.
If the guy sent his demo to "a couple of record companies", I can tell
you what happened to it:  it got thrown in a bin with about 200 other
tapes (a good weeks' average), and then maybe some one listened to it
on a Friday afternoon after the beer party and threw it back in the bin.
Jeez, I heard the tape on the news and it sounded like dogfood to me
productionwise -- that alone would bury it in the trash.

Third, a decision like this sets a really bad precedent: Hell, a lot of
songs sound alike -- anybody who's been in radion will tell you that
one of the ways to program music is to find and exploit these similarities.
(Sometimes this is called 'segueing' songs together).  If there were a
suit filed for every instance of apparent similarity, the courts would
be clogged for centuries.

Fourth, the songs aren't that close!  The first few notes are the same -
that happens all the time.  The rest of the melody, and the modulation into
the bridges, are vbery different.  Almost any trained musician should be
able to testify to this.  I'm extremely disappointed that the defense
councel didn't do a better job on this point at least.

Now, please don't assume I'm a Bee Gees fan (ugh).  But these guys are
really getting the shaft, and that's good for them, or the music world.

Boy am I pissed,
Lou Mazzucchelli
decvax!brunix!ljm