Field Dispatch
Matt Connarton Unleashed 3-29-25 hour 2
Game Plan
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Speaker 9: of the got you sure.
Speaker 1: Please got got away?
Speaker 8: Got s.
Speaker 1: Got say.
Speaker 5: Feeling?
Speaker 1: Just what are you doing?
Speaker 2: You?
Speaker 1: I know what I with my.
Speaker 8: Go to way.
Speaker 10: To get.
Speaker 1: Got got?
Speaker 5: Oh?
Speaker 11: That that is so cool? That is space Casino. We
Speaker 11: played a couple of their tracks. These guys are let
Speaker 11: me get Jenny's mike up here. If you are listening
Speaker 11: live on Saturday. These guys are supposed to be joining us.
Speaker 11: That's called get Away, a really really cool band from Boston,
Speaker 11: but a little bit of a transportation issue this morning,
Speaker 11: so we're hoping that they're able to call in, or
Speaker 11: at least one of the guys is able to call in.
Speaker 11: They're supposed to come up from Boston, but they've hit
Speaker 11: a snag, a little problem, so Jenny's been trying to
Speaker 11: work that out, so we might. Hopefully we're going to
Speaker 11: hear from them at ten to fifteen. If not, we'll
Speaker 11: move on. We have other things we can do, but
Speaker 11: these things happen, but travel issues, and you know, that's
Speaker 11: the way it goes.
Speaker 12: Sometimes. I hate to see anybody get stuck, but we will.
Speaker 11: If it gets to be ten to fifteen, you know,
Speaker 11: we'll play one more track of theirs, and if we
Speaker 11: don't hear from them, we might just have to reschedule.
Speaker 11: I mean, we'll reschedule regardless, because I'm really interested in
Speaker 11: meeting these guys. I love their sound. But we will
Speaker 11: play one more song in a couple of minutes, and
Speaker 11: then if we're not able to if they're not able
Speaker 11: to get on the phone with us, then we'll just
Speaker 11: we'll move on to something else, and then of course
Speaker 11: we do have in the third hour today, Questing Beast
Speaker 11: is coming back, which I'm really looking forward to. Love
Speaker 11: Questing Beast and I love Waiting for Zee. That was
Speaker 11: so much fun.
Speaker 5: Question Beast will be filling us in on the first
Speaker 5: show of the year. Yes, Yes, excited to talk about that.
Speaker 5: And you guys have got to go check out Terminus
Speaker 5: if you've never been. It's really cool. I call it
Speaker 5: like a tartist because you walk in and it seems kind.
Speaker 12: Of quaint, nice walking into a different world.
Speaker 5: And then as you explore inside, it gets bigger and
Speaker 5: bigger and bigger, and Terminus is an incredible playing space. Yeah, absolutely,
Speaker 5: super comfortable, really intimate. We got to watch Green Yellow there, yes,
Speaker 5: which was so cool.
Speaker 12: Yeah. Well you you booked that you worked with Eleanor
Speaker 12: to get that book and that was very cool. Yeah.
Speaker 5: The absolutely one of the coolest things I've ever been
Speaker 5: asked to do.
Speaker 12: Yeah, yeah, absolutely.
Speaker 11: Oh, we were talking in the hallway, so Waiting for
Speaker 11: z got done. And of course, you know, I went
Speaker 11: to high school with Xander Xander Carlson and and I
Speaker 11: may have actually worked with Scott at Strawberries in a
Speaker 11: different story. We were talking and you know, there is
Speaker 11: something familiar about him and and uh, so we may have.
Speaker 11: We probably met at some point. We didn't work in
Speaker 11: the same store, but I used to go help out
Speaker 11: in the store that he worked at, so we probably
Speaker 11: did meet at some point.
Speaker 12: I never thought would go away Strawberries.
Speaker 5: Strawberries was Spencer's.
Speaker 11: Well, they got bought out by trans World, which owns
Speaker 11: f y E and f YE still exists, but so
Speaker 11: it didn't really go away, but it just got gobbled up.
Speaker 11: But that company had a lot of problems. But anyway, Yeah,
Speaker 11: Xander was talking about in the hallway about uh, we're
Speaker 11: talking a little bit about Kiss because Xander also a
Speaker 11: huge Kiss fan. And back when I was working at
Speaker 11: Strawberries and conquered Carnival of Souls, there was a bootleg
Speaker 11: of a Kiss album called Carnival of Souls, and Carnival
Speaker 11: had been delayed because they were making that album with
Speaker 11: Bruce Click and Eric Singer, who were the non makeup
Speaker 11: version of Kiss at that point. But as they were
Speaker 11: in the studio making Carnival of Souls, Gene Simmons and
Speaker 11: Paul Stanley were also in negotiations to reunite and put
Speaker 11: the makeup back on with Ace Frehley and Peter Chris,
Speaker 11: so Carnival of Souls was done, but it ended up
Speaker 11: getting delayed because of the reunion tour with Uh in
Speaker 11: full makeup with the original lineup of Kiss. So Carnival
Speaker 11: ended up getting shelved. But because it was shelved, you know,
Speaker 11: Kiss fans, you know, we tend to be pretty rabid
Speaker 11: and we want to you know, if we know about something,
Speaker 11: we want to hear it. So it ended up getting bootlegged.
Speaker 11: Somehow it got out, and it was it was very
Speaker 11: heavily bootlegged. And I was able to get my hands
Speaker 11: on a bootleg copy of Carnival of Souls before it
Speaker 11: was released and Uh, and so I had made a
Speaker 11: copy for Xander and shared it around and eventually it
Speaker 11: did come out. Eventually it came out and Uh, but
Speaker 11: it came out two years after it was recorded. And
Speaker 11: such a great album too, although very polarizing among Kiss fans,
Speaker 11: but I love it and Xander loves it.
Speaker 5: What did you think about them holding it back?
Speaker 11: Well, I understood why they held it back. It wasn't
Speaker 11: the band's decision, it was the record label's decision. But
Speaker 11: from the point of the label, it didn't make sense
Speaker 11: to put out this. They thought it would be confusing
Speaker 11: to the marketplace. Okay, Kisses now reformed the original lineup.
Speaker 11: They've done this reunion in full makeup. They do this
Speaker 11: huge tour and everything. Oh and by the way, here's
Speaker 11: this album without them in makeup with the previous lineup.
Speaker 5: Were there any theories on how it got leaked?
Speaker 12: No, who knows how this.
Speaker 11: I mean, it's usually somebody, somebody connected to you know,
Speaker 11: the recording studio or whomever.
Speaker 12: I mean it. You know, it happens. It happens all
Speaker 12: the time, or at least it used to happen all
Speaker 12: the time.
Speaker 5: I don't know how much they got paid.
Speaker 11: I don't know if in the digital era it happens.
Speaker 11: And the boot leg was missing one track. There was
Speaker 11: one track that was not on the boot leg, and
Speaker 11: it wasn't great. It wasn't great quality of the bootleg,
Speaker 11: but it was good enough so you could really get
Speaker 11: an idea of what it sounded like.
Speaker 13: And it was.
Speaker 12: Bruce Culick. No, Bruce Culick.
Speaker 11: Had sung, had done lead vocals on a song called
Speaker 11: I Walk Alone, and it was the only time that
Speaker 11: Bruce had ever done a lead vocal in Kiss, and
Speaker 11: it was the last track on the album, and for
Speaker 11: some reason that wasn't on the bootleg, But I just
Speaker 11: remember listening to the bootleg and my jaw was on
Speaker 11: the floor because it was so it was so good.
Speaker 11: It's one of my favorite Kiss albums, but very polarizing
Speaker 11: because what I noticed at the time was fans my
Speaker 11: age and younger seemed to really like it, but older
Speaker 11: fans who'd been with them from the beginning were confused
Speaker 11: by it because it was very dark and heavy, like
Speaker 11: to the point of it was kind of like it
Speaker 11: sounded like a lot of people compared it to Alison Chains.
Speaker 11: It was like it was like Kiss trying to sound
Speaker 11: like Seattle, trying trying to fit in, which we now know,
Speaker 11: based on a lot of things that have been written
Speaker 11: and that we've learned about, it.
Speaker 12: Was exactly the idea Kiss was. Yeah, so that's what
Speaker 12: they were doing.
Speaker 11: And so fans who don't like Carnival of Souls are like, oh,
Speaker 11: it's it's just Kiss trying to be trying to sound
Speaker 11: like Alison Chains.
Speaker 12: Who wants this?
Speaker 14: You know?
Speaker 11: That's not Kiss, whereas other fans like myself. I think
Speaker 11: Carnival of Souls is absolutely brilliant. And at the time
Speaker 11: when I listened to it, I wasn't like, oh, they're
Speaker 11: trying to sound like Alison Chains. I was just like, Wow,
Speaker 11: this is the heaviest and darkest Kiss has ever sounded,
Speaker 11: and I really like it. It's I think it's a
Speaker 11: fantastic album. Yeah, yeah, see now I like that.
Speaker 5: But you you and I both like the dark stuff too, though.
Speaker 2: Yeah.
Speaker 11: I mean I like all Versons, you know, I love
Speaker 11: I love everything. They're my favorite band, so I love
Speaker 11: everything they've done. I mean, not literally every song, but
Speaker 11: I but you know, but whether it's yeah, whether it's
Speaker 11: the grunge of Carnival of Souls or the metal of
Speaker 11: Creatures of the Night, or the disco of a song
Speaker 11: like I Was Made for Loving You, I appreciate all
Speaker 11: eras and variations of the band.
Speaker 5: I never thought about that song as disco.
Speaker 11: But Carnival of Yeah, well it is. Yeah, but Carnival
Speaker 11: of Souls is. I played a song for you once
Speaker 11: from that album called Jungle, and you really liked it.
Speaker 11: This was a long time ago, and they actually that
Speaker 11: song actually has a minor hit on it.
Speaker 5: We do a lot of kiss songs that I had
Speaker 5: never heard of before. Yeah, just because I'd never had
Speaker 5: the opportunity. Yeah.
Speaker 11: Well, I also remember you telling me there were a
Speaker 11: couple songs I played for you. You were like, oh,
Speaker 11: I do know this song, I didn't know it was
Speaker 11: kiss right.
Speaker 5: Yeah, that's true too. Yeah, but I think it identifying
Speaker 5: things like that. I would never ever keep up with
Speaker 5: you at the nine at nine on retro.
Speaker 11: Oh yeah, yeah, yeah ever. Yeah, this week's Retrospection Radio
Speaker 11: was a repeat. But I think I think we're gonna
Speaker 11: be back live with that next week. I assume that's
Speaker 11: up to Paul, but that is my assumption. Oh but
Speaker 11: one other thing though, I wanted to circle back because
Speaker 11: you had mentioned off of the show your nails. Oh yeah,
Speaker 11: and uh so Cheryl Krakowski is in the chat room
Speaker 11: and she heard, she heard what you were saying, and she,
Speaker 11: uh she said this, she said, just love you right back,
Speaker 11: Jen coffee.
Speaker 15: Uh.
Speaker 11: So many choices dot com? And many is m I
Speaker 11: oh M A N I. I guess as in manicure.
Speaker 11: So it's so many, so many choices dot com? But
Speaker 11: many is M I N M A N I.
Speaker 12: Sorry.
Speaker 11: Uh, that's the website so many choices dot com or
Speaker 11: visit my link tree which is link tree slash Cheryl Krakowski. Uh,
Speaker 11: we got to keep Jen looking her best, right, my
Speaker 11: favorite person to spoil. Please support our obsession with Red Aspen.
Speaker 5: Yeah, no, I love it so. Red Aspen is a
Speaker 5: company that's owned by women and was created as such,
Speaker 5: and they they support These are like small businesses for
Speaker 5: these ladies. And Cheryl has been in my life for
Speaker 5: years now. And she's the one that actually got me
Speaker 5: into playing with my nails, which was actually a fun
Speaker 5: thing to do when I gave up wearing makeup because
Speaker 5: of my eyes, So it was kind of fun to
Speaker 5: transfer that desire into something unique. And uh yeah, and
Speaker 5: now she's doing other stuff too with them. They do
Speaker 5: other products, like I'm curious to find out about the
Speaker 5: skin cleanser because it's doesn't have all the crappy ingredients
Speaker 5: and poisons in it. It's cruelty for me, So I'm
Speaker 5: really wanting to check that out. And I just love
Speaker 5: her and she always sends me fun prizes. I always
Speaker 5: get chocolate and my little bunny, I love my bunny.
Speaker 5: She always sends me things that make me smile. And
Speaker 5: make me happy. And isn't that wonderful to have in
Speaker 5: a front Yeah?
Speaker 12: Oh absolutely no, that is that is excellent. We should
Speaker 12: uh do we uh know anything?
Speaker 14: Uh?
Speaker 12: Definitive.
Speaker 5: We've got nothing, nothing, not a sound, not nothing.
Speaker 11: You know what I think I'm gonna do, just because
Speaker 11: we were talking about it, I'm gonna play So I'm
Speaker 11: gonna do something unusual. I'm gonna play a kiss song,
Speaker 11: unusual for we don't usually do that on the show,
Speaker 11: but because we usually just feature the artists whomever we're
Speaker 11: featuring that week or previous artists, but just for people
Speaker 11: who are curious. So that album, Carnival of Souls that
Speaker 11: some people love, some kiss fans love, and some kiss
Speaker 11: fans hate, very polarizing personally.
Speaker 14: I love it.
Speaker 12: I'm gonna play that song Jungle Jungle.
Speaker 11: Actually, So even though this album when it was eventually released,
Speaker 11: it was kind of an afterthought in terms of promotion,
Speaker 11: this album actually does have a minor hit single on it, Jungle,
Speaker 11: despite the lack of promotion and despite it being confusion
Speaker 11: being confusing because it wasn't the version of the band
Speaker 11: that currently existed. When this album finally came out two
Speaker 11: years after it was recorded. This track actually did pretty
Speaker 11: well at radio. Radio gravitated to this so and it's
Speaker 11: my favorite song on the album Carnival of Souls.
Speaker 12: So since we we're talking about it, what the hell,
Speaker 12: we'll go ahead and play this.
Speaker 11: And then when we come back, Jenny and I, we've
Speaker 11: got something else to talk about out that was in
Speaker 11: the news and recently music industry news.
Speaker 12: I think we'll do that.
Speaker 11: We're talking about it in the car of the Miley
Speaker 11: Cyrus Bruno Mars lawsuit and.
Speaker 12: Then in the third hour.
Speaker 11: If you are listening live on Saturday, Questing Beast is
Speaker 11: going to be here with us in studio making their return.
Speaker 16: But yeah, check this out.
Speaker 11: And if you're not a Kiss fan, listen to this
Speaker 11: with an open mind. You might not have heard this song,
Speaker 11: and you might this might appeal to you. But this
Speaker 11: is called jungle. This is from Carnival of Souls.
Speaker 17: Mm hmm, right, the CON's going down one time it
Speaker 17: comes a line just waking up to take another knights,
Speaker 17: No nothing left, we got a plack to hide.
Speaker 1: We'll take the final clapt it not.
Speaker 8: Stay the.
Speaker 5: Jo what times it is?
Speaker 16: Imbe for more than little.
Speaker 2: Years you get to fris A p so, so the
Speaker 2: don so that the son take them to the lad.
Speaker 16: Just what's gonna coming up? I'm gonna coming But that
Speaker 16: was ever.
Speaker 1: The gods call one said that so fundable son calling,
Speaker 1: so well take them so on the soson.
Speaker 11: There you go, a little kiss for you On a
Speaker 11: Saturday morning here on Matt Connorton Unleashed, we are live
Speaker 11: from the studios of wm n H ninety five point
Speaker 11: three FM in Glorious Manchester, New Hampshire. If you are
Speaker 11: just joining us, of course, we did have a guest
Speaker 11: scheduled for this hour, but unfortunately that did not work out,
Speaker 11: so that is fine. But we did get into both
Speaker 11: actually well, we talked about Kiss both on air and
Speaker 11: off air, but having a conversation with the guys from
Speaker 11: Waiting for Z who joined us here in the first
Speaker 11: hour and they were phenomenal, and Xander and I were
Speaker 11: kind of reminiscing in the hallway about a Kiss boot
Speaker 11: leg and that led to me playing Jungle that track
Speaker 11: on the air that's from a Carnival of Souls, which
Speaker 11: came out in ninety seven, a couple of years after
Speaker 11: it was recorded. We talked about the whole history of
Speaker 11: that earlier. But if you are not a kiss fan,
Speaker 11: that probably none of that probably matters to you, so
Speaker 11: we will move on. We did have something else, by
Speaker 11: the way, we do have questing beats coming up in
Speaker 11: the third hour if you're listening live.
Speaker 12: But something else I wanted to talk about.
Speaker 11: And this has been going on for I don't know,
Speaker 11: a couple of years now, I guess, but you know,
Speaker 11: we do like to talk about these things that are
Speaker 11: going on in the music industry.
Speaker 12: Sometimes there is controversy and lawsuits and things like that.
Speaker 11: We talk a lot about AI and the effects of
Speaker 11: AI on music. But here's but this also kind of
Speaker 11: relates to a subject that comes up not only on
Speaker 11: this program, this particular news item, but also that comes
Speaker 11: up on retro Spectrum Radio with Polly C. Of course,
Speaker 11: if you don't know, I'm also Polly C's co host
Speaker 11: on Friday nights on retro Spectrum Radio here at WMNH.
Speaker 12: And we've done a number.
Speaker 11: Of shows now that Paul put together on that show
Speaker 11: where we talk about plagiarism and artists suing other artists
Speaker 11: for plagiarism. In fact, we've done a couple of episodes
Speaker 11: entirely dedicated to led Zeppelin, the most plagiaristic. Don't get
Speaker 11: me wrong, I'm a fan, but the most plagiaristic band
Speaker 11: and music history. They've they even stole a song. Not
Speaker 11: only did they steal from a lot of blues artists,
Speaker 11: they even stole a song from Joan Bias. Yeah, it's wild.
Speaker 11: So you know, you can go back and check those out.
Speaker 11: And by the way, so when we're on when we
Speaker 11: do these shows on Retrospectrum Radio, you know, we'll all
Speaker 11: kind of put our two cents in. Okay, is this
Speaker 11: a plagiarism or or is this someone making a false accusation?
Speaker 11: Is this particular song not plagiarized?
Speaker 15: You know?
Speaker 11: And I'm I'm the most lenient when it comes to that.
Speaker 11: I'm usually the first one to say, not guilty. I
Speaker 11: don't think this particular instance is an act of plagiarism
Speaker 11: because I just I look at it as there are
Speaker 11: certain chord progressions that are just very common throughout pop music,
Speaker 11: and certain lyrical themes of course, and lyrical themes is
Speaker 11: gonna that's gonna play a part in what we're about
Speaker 11: to talk about this particular lawsuit and controversy. Certain lyrical
Speaker 11: themes that are very common, you know, so, uh so
Speaker 11: I'm I'm the least likely to say guilty. I think
Speaker 11: that this person committed plagiarism. I mean, there's some instances
Speaker 11: that are just undeniable, like like when led Zeppelin stole
Speaker 11: all that music from those old blues artists, which they
Speaker 11: have been sued for in some instances successfully, in some
Speaker 11: instances not so much.
Speaker 12: But hm.
Speaker 11: But this one, the particular one, and this one we
Speaker 11: have not talked about on Retrospectrum Radio because this is
Speaker 11: something recent and we wouldn't on that show. We wouldn't
Speaker 11: talk about something as recent as this. But some of
Speaker 11: you may have heard, of course about the Miley cyrus
Speaker 11: Her song Flowers being sued by not actually by Bruno
Speaker 11: Mars directly, but by people who own a stake in
Speaker 11: the Bruno Mars song When.
Speaker 12: I Was Your Man.
Speaker 11: And this one, this particular instance of someone claiming copyright infringement,
Speaker 11: this particular one drives me nuts.
Speaker 12: This one is really a.
Speaker 11: Reach, in my opinion. What do you what do you think, Jenny,
Speaker 11: do do you think this one's yeah, this one, this
Speaker 11: one's a stretch. So this is frivolous, now, Jenny, Jenny
Speaker 11: found something that will give us an update on what's
Speaker 11: going on with this. But for those who don't know
Speaker 11: about this, yeah, this is frivolous, all right. So this
Speaker 11: is I've got an article here from Forbes that I
Speaker 11: think is the best explainer of what the initial lawsuit
Speaker 11: is about. Miley Cyrus tries uh tries getting suit that
Speaker 11: claims Flowers copied a Bruno Mars song dismissed. So this
Speaker 11: article is from last year, but it uh, and there
Speaker 11: have been multiple attempts, by the way to get this
Speaker 11: lawsuit thrown out. And I think it should be thrown
Speaker 11: out because I think it's ridiculous. But you know, and
Speaker 11: I'm not you know, I don't have any personal stake
Speaker 11: in this.
Speaker 12: By the way.
Speaker 11: I'm not particularly a fan of either artist. I respect
Speaker 11: them both tremendously, of course. Miley Cyrus is an incredible
Speaker 11: singer and I certainly and Bruno Mars, you know, I
Speaker 11: respect as a singer and a songwriter and whatnot. I'm
Speaker 11: just neither of them have really put out anything that
Speaker 11: I personally am that into. But but I do, uh,
Speaker 11: but I respect them, of course. But here's so this
Speaker 11: is the explainer from Forbes. Okay, attorney's representing singer Miley
Speaker 11: Cyrus filed the motion in LA Federal Court to dismiss
Speaker 11: a lawsuit claiming that her song Flowers lifts lyrics and
Speaker 11: melodies from the twenty thirteen Bruno Mars song When I
Speaker 11: Was Your Man, arguing the lawsuit should be tossed because
Speaker 11: it only represents one of the songs for writers and
Speaker 11: not Bruno Mars himself, So it's not Bruno Mars. Bruno
Speaker 11: Mars is not the one bringing the lawsuit himself, but
Speaker 11: it involves his song when I Was Your Man.
Speaker 5: When I Was Your Man? Is that what it's called.
Speaker 11: I'm so not a fan of I don't like the
Speaker 11: song to begin with When I Was Your Man? Yet,
Speaker 11: I don't like the song to begin with but anyway,
Speaker 11: so here are some key facts. Cyrus's attorneys argue the
Speaker 11: company that filed the lawsuit, Tempo Music Investments and investment
Speaker 11: group that has acquired the rights to various artists catalogs,
Speaker 11: does not have standing to sue because it only owns
Speaker 11: a portion of the rights to the song. Temple Music
Speaker 11: previously acquired the rights to songwriter Philip Lawrence's catalog, so
Speaker 11: he's one of the writers of the song. Cyrus's attorneys
Speaker 11: say the Copyright Act only permits quote a legal or
Speaker 11: beneficial owner of an exclusive copyright unquote to sue for infringement. So,
Speaker 11: in other words, they're saying that the people bringing the lawsuit,
Speaker 11: they have not been harmed in any way, this doesn't
Speaker 11: affect them, and so forth. I'm kind of skipping through
Speaker 11: this because I want to get to the part where
Speaker 11: it explains why the suit itself is silly. Okay, So,
Speaker 11: Cyrus's attorneys claim the two songs have quote striking differences
Speaker 11: in melody, chords, other musical elements and words unquote, stating
Speaker 11: the plaintiff's claim the songs share quote musical building blocks unquote,
Speaker 11: including some chords and pitches, would not be protected by
Speaker 11: copyright law. So, in other words, Marie Cyrus's lawyers are saying,
Speaker 11: the two songs are really different. So, you know it, again,
Speaker 11: it's a reach to suggest that there's a claim here
Speaker 11: of any kind is really a stretch, and we'll get
Speaker 11: into a little bit more of that in a moment, but.
Speaker 12: Okay.
Speaker 11: Forbes has reached out to Cyrus's lawyers and Tempo Music
Speaker 11: Investments for comment. Tempo Music Investments sued Cyrus, as well
Speaker 11: as companies that says distributed the song Flowers, including Sony Music, Apple, Target,
Speaker 11: and Walmart, alleging copyright in infringement. The lawsuit alleged the
Speaker 11: song Flowers would not exist without the exploitation of Mars's
Speaker 11: song um quote. Any fan of Bruno Mars's song When
Speaker 11: I Was Your Man knows that my Resyrus's Flowers did
Speaker 11: not achieve all of that success on its own unquote.
Speaker 11: The lawsuit states, alleging that Flowers lifts quote numerous melodic,
Speaker 11: harmonic and lyrical elements of When I Was Your Man unquote.
Speaker 11: So here's the heart of the matter. The chorus of
Speaker 11: Flowers does appear to lift some of these statements. In
Speaker 11: the chorus of When I Was Your Man. In Flowers
Speaker 11: an Ode to Independence, Cyrus sings, quote, I can buy
Speaker 11: myself flowers, write my name in the sand, talk to
Speaker 11: myself for hours, say things you don't understand. I can
Speaker 11: take myself dancing, I can hold my own hand unquote.
Speaker 11: In the Bruno Mars song about a man expressing regret
Speaker 11: for failing to treat his lover well, he sings quote,
Speaker 11: I should have bought you flowers and held your hand.
Speaker 11: Should have gave you all my hours when I had
Speaker 11: the chance take you to every party because all you
Speaker 11: wanted to do was dance unquote. Now let me just
Speaker 11: stop here for a moment. Obviously, Yes, the song, the
Speaker 11: lyrics of the song that I mean, you could make
Speaker 11: this argument. The lyrics of the song Flowers by Miley
Speaker 11: Cyrus do seem to be what I would say.
Speaker 12: And we talked about this in the car.
Speaker 11: It's a direct response to the Bruno Mars song. Yes,
Speaker 11: that's not copyright infringement. That is referencing somebody else's creative work,
Speaker 11: referring to it. That's not the same thing as lifting
Speaker 11: elements from it.
Speaker 5: If this is allowed to if if this case prevails,
Speaker 5: it changes everything. You can't talk about anybody anymore. You
Speaker 5: can't say anybody else's name.
Speaker 11: Maybe you can't write. Maybe you can't write songs about
Speaker 11: flowers because because Bruno Mars had a song that mentioned flowers.
Speaker 5: Artists mentioned each other in songs all the time, you know,
Speaker 5: and play off of each other, sometimes good, sometimes bad.
Speaker 12: Yeah, there's you know, like there's tons of other rappers.
Speaker 12: Well yeah, of course, so all.
Speaker 5: Rappers will get Dude, who listed another rapper in their song,
Speaker 5: because that happens a lot.
Speaker 12: There's tons of examples of this in pop history.
Speaker 11: You know, I don't think you know when when Leonard
Speaker 11: Skinnyard mentions in Sweet Home, Alabama. You know, I hope
Speaker 11: Neil Neil Young will remember the Southern Man don't need
Speaker 11: him around anyhow, you know, A direct response to Neil
Speaker 11: Young song Southern Man, Neil Young didn't sue them, say, oh,
Speaker 11: they they referenced my song. I'm gonna sue them, you know,
Speaker 11: I mean, and now a very direct response that was
Speaker 11: that was clear and unambiguous. Granted it was a they
Speaker 11: had a rivalry, but it was a friendly rivalry that
Speaker 11: there was a lot of mutual respect. But but but
Speaker 11: but but that's or or when uh in Surrender? When
Speaker 11: uh a cheap trick?
Speaker 12: They actually mentioned kiss by name, you know, in the
Speaker 12: song surrender.
Speaker 5: But well, like we were talking in the car. Tori
Speaker 5: Amos and Trent Wesner have referenced each other in various
Speaker 5: ways in seeing each other's song lyrics and or topics.
Speaker 5: There's a one of Tory's songs mentions nine inch Nails,
Speaker 5: but it's it's it's in, It's in reverence of one another.
Speaker 5: It's not even it's nothing bad. But one of the
Speaker 5: caveats about this case that I want to point out
Speaker 5: is that the person that is suing bought this half
Speaker 5: of the song as part of a catalog package. They
Speaker 5: weren't even in the picture when the song was created.
Speaker 5: They had nothing to do with.
Speaker 12: It right to do it? Well, that's right.
Speaker 5: They're not a co writer, writ nobody. They bought the catalogs,
Speaker 5: so now they own half the rights of this song,
Speaker 5: and they're looking for a quick, get rich quick scheme.
Speaker 5: It's scammy use of the chords. It's totally frivolous, and
Speaker 5: it should be thrown out with prejudice. In my opinion,
Speaker 5: I thought that's not what happened.
Speaker 12: Yeah, it also says here.
Speaker 11: Cyrus released Flowers in January twenty twenty three, and it
Speaker 11: became one of the year's biggest hits. Flowers has been
Speaker 11: streamed more than two billion times on Spotify and won
Speaker 11: Cyrus two Grammy Awards for Record of the Year and
Speaker 11: Best Pop Solo Performance. When Cyrus released Flowers, fans noticed
Speaker 11: the similarities between the two songs, even causing When I
Speaker 11: Was Your Man to rise in.
Speaker 12: Streams Billboard reported.
Speaker 5: So it made the money, made the song more.
Speaker 11: I actually made the song more. It made the song
Speaker 11: it refers to more pot And When I Was Your
Speaker 11: Man was already a huge hit. I just know that
Speaker 11: because I just remember hearing it a lot. But yeah,
Speaker 11: so it actually helped. It actually helped give When I
Speaker 11: Was Your Man a boost. So so again it's this,
Speaker 11: you know, this is all very silly. Let's see Billboard. Okay,
Speaker 11: Vanderbilt Law School again. This is from the Forbes article.
Speaker 11: Vanderbilt Law School music law professor Joseph Fishman told Billboard
Speaker 11: Cyrus should not need to credit Mars and the other
Speaker 11: When I Was Your Man songwriters, despite the similar lyrics.
Speaker 11: Even if the chorus of Flowers is deliberately a response
Speaker 11: to Mars's song, because it does not appear to sample
Speaker 11: or interpolate the song's melodies. Quote using one song to
Speaker 11: issue a retort to an earlier song is not, by
Speaker 11: itself infringement. John Mayer and Taylor Swift don't need to
Speaker 11: cross license everything when they write songs at each other.
Speaker 11: When I Was Your Man peaked at number one on
Speaker 11: the Billboard Hot one hundred and twenty thirteen and earned
Speaker 11: Mars a Grammy nomination.
Speaker 12: So that's.
Speaker 11: That's where we are with with So that's what the
Speaker 11: suit is over and by the way, so the songs
Speaker 11: themselves don't sound anything alike. I will just pull up
Speaker 11: uh you know what, I'll play each of these just
Speaker 11: like to the chorus so you can hear. Oh maybe
Speaker 11: I can even find well, sorry, let me turn your
Speaker 11: mic back on.
Speaker 12: What's that?
Speaker 5: They're not similar? No, they're not similar. The only similarity
Speaker 5: is the mutual reference, you know. Right, he's singing, I'm
Speaker 5: gonna buy I should have bought you flowers. She's singing,
Speaker 5: I can buy myself flowers. It's just a woman's response. Yeah,
Speaker 5: and I think it's a great response. I think it's
Speaker 5: a great song.
Speaker 12: Yeah, in that regard.
Speaker 5: In that regard, right, does it matter? But this lawsuit
Speaker 5: is just somebody trying to get with you. Oh yeah,
Speaker 5: off of other people's work.
Speaker 12: I found something here on YouTube that kind of compares
Speaker 12: that kind of compares them. What's up?
Speaker 11: Let me play this just just for for anyone who uh,
Speaker 11: you know, if you don't know the songs, and then
Speaker 11: you can make your own judgment here.
Speaker 12: But this is this is short, but it's a short
Speaker 12: dot comparison.
Speaker 5: To your too to relad we were good.
Speaker 15: We were good kind of dream that can't be so
Speaker 15: we were right until we weren't build a home and.
Speaker 1: Wash it burns.
Speaker 5: I should have bought your flowers.
Speaker 18: Dug and bomus of flowers, roll my name and sing, shout.
Speaker 5: A gig of armor.
Speaker 18: With the heads and again, oh mynya.
Speaker 5: Yeah, I can love me better.
Speaker 15: You can't let me take it, everybody because you don't
Speaker 15: want her to.
Speaker 1: Do with us. I can take myself, Patsy, I'm not again.
Speaker 5: She stars with another move.
Speaker 13: I didn't want to leave.
Speaker 18: I didn't want to lie, so ied God.
Speaker 15: But remember, yeah, I can love me bitter, And yeah,
Speaker 15: I can love me bitter.
Speaker 5: You can't.
Speaker 1: With you, I can.
Speaker 11: Okay, So there you go. There's a comparison, a side
Speaker 11: by side, the comparison to some of the parts of
Speaker 11: each song. Yeah, completely different. I mean again, one is
Speaker 11: referencing the other, but they're they're very different. They're they're
Speaker 11: different in vibe and style.
Speaker 5: If you can sue from a reference like that, then
Speaker 5: everything about music changes.
Speaker 12: Yeah, in every genre.
Speaker 5: Well it's like it's it's just too much. Well, it's
Speaker 5: like the the well, you have a sentence like that's
Speaker 5: similar to my sentence, So now I can sue you.
Speaker 12: Yeah, yeah, that's uh.
Speaker 11: And again you could say the melodies, the melodies are
Speaker 11: vaguely similar, but again there are certain there are just
Speaker 11: certain chord progressions and melodies as well as lyrical themes
Speaker 11: that are just they're really common. And you know a
Speaker 11: great example of that. And and Tom Petty, I think,
Speaker 11: had the right a attitude about this. If you're you
Speaker 11: know the song Danny California by the Chili Peppers, not
Speaker 11: Chili Peppers, that's my favorite Chili Pepper song. I always
Speaker 11: love that song. But when that song came out, people
Speaker 11: noticed something about it. The not in the verses, but
Speaker 11: the chorus is exactly the same as Last Dance with
Speaker 11: Mary Jane. Oh no, I'm sorry, not the chorus, the verses.
Speaker 11: I have it backward. The verses are the same as
Speaker 11: Last Dance with Mary Jane by Tom Petty. Yeah, it's
Speaker 11: the exact same chord progression. It's even the same tempo,
Speaker 11: Like you could graft one onto the other. It's exactly
Speaker 11: the same. And somebody asked Tom Petty in an interview, Uh,
Speaker 11: some I think it was a radio DJ asked him,
Speaker 11: or might have been in Rolling Stone, but somebody asked
Speaker 11: him because people were noticing this, you know, are you
Speaker 11: are you upset with the Chili Peppers?
Speaker 12: I don't know you.
Speaker 11: Are you gonna sue them for stealing your song or
Speaker 11: something like that? And he said his response, which I
Speaker 11: thought was perfect, he said, well, if they stole it,
Speaker 11: they didn't steal it from me. They stole it from
Speaker 11: who from whoever I stole it from, because that chord
Speaker 11: progression is just very common. It's it's not it's not
Speaker 11: an original courd.
Speaker 19: You know.
Speaker 11: He's like, I didn't write that chord progression. Somebody somebody did.
Speaker 11: I don't know who, but I heard it somewhere. Well yeah,
Speaker 11: And and he was right. He was right to say
Speaker 11: that it's a very common chord progression. So so that
Speaker 11: so he had the right attitude about it. But what
Speaker 11: I'm also thinking about, too is who's the guy oh,
Speaker 11: I forget his name now, British guy with red hair.
Speaker 11: He's got a bunch of hits ed Oh ed Sharon
Speaker 11: when they tried to sue Ed Sharon, claiming what's the
Speaker 11: name of that song? I'll be loving you? I don't know,
Speaker 11: the actual name is there, I'll Be Loving You when
Speaker 11: We're seventy or something, and I hate that song. But
Speaker 11: but they tried to sue him, saying that because it
Speaker 11: had a similar vibe to Let's Get.
Speaker 12: It On by Marvin Gay.
Speaker 11: Oh yeah, yeah, yeah, it was you know, in terms
Speaker 11: of the production of the song, it sounded similar to
Speaker 11: Let's get It On. And but he's been sued a
Speaker 11: few times too, and he never backs down to his credit,
Speaker 11: you know, he never settles, because again that's a that's
Speaker 11: another example of a very frivolous lawsuit. It's like, okay,
Speaker 11: you can sue somebody because the vibe of the production.
Speaker 12: Style of their song is similar. Wow, like that the
Speaker 12: can of worms that would open up.
Speaker 5: So it's not right they walk away with money.
Speaker 12: Yeah, so so it's not right.
Speaker 11: By the way, I think, while we're at it, I
Speaker 11: think it would be interesting I want to see just
Speaker 11: quickly example of examples of songs that reference other songs,
Speaker 11: because again, what we're talking about with the Bruno Mars
Speaker 11: Miley Cyrus thing is, you know, we gave some examples before,
Speaker 11: like Cheap Trick referencing kiss or Leonard Skinnard referencing Neil Young.
Speaker 11: Let's see, I just did a quick search. So here's
Speaker 11: some more examples. It's My Life by bon Jovie references
Speaker 11: Frank Sinatra's My Way, Yes Absolutely, thunder Road by Bruce
Speaker 11: Springsteen mentions Roy Orbison, Come Together by The Beatles, uses
Speaker 11: lyrics from Chuck berrys you Can't Catch Me. See if
Speaker 11: I can find some more examples here. I think this
Speaker 11: is so anyway, this is very very common. Let's see
Speaker 11: songs that reference other songs. I'm trying to find, like
Speaker 11: like one list that's all in one place, songs I
Speaker 11: mentioned other songs.
Speaker 5: Oh, there's a lot of songs that mentioned other people's names,
Speaker 5: and the list is never ending.
Speaker 11: Tom Petty's Running Down a Dream mentions the Dell Shannon
Speaker 11: song little Runaway, Runaway. Yeah, there's there's a there's a
Speaker 11: bunch of different lists here. I was looking for one
Speaker 11: definitive list, but that's okay. Well we'll leave that part alone.
Speaker 11: But anyway, there's there are many examples. Oh wait a minute,
Speaker 11: I might have found something here. There's some artists here
Speaker 11: who are more obscure, like Nick Lowe. I mean, you know,
Speaker 11: people who are really into indie music. No Nick Lowe.
Speaker 11: He has a song called All Men Are Liars, which
Speaker 11: apparently directly references Rick Astley's Never Going to Give You Up.
Speaker 11: That one's kind of interesting.
Speaker 12: Yeah, that is. It's funny. That is funny.
Speaker 11: But yeah, so I hope. So the latest on that
Speaker 11: you had the story? The update, There was an update
Speaker 11: from just a few days ago.
Speaker 12: Let me see if I can.
Speaker 11: Yeah, the basic gist of it is that they're still
Speaker 11: trying to get it thrown out.
Speaker 5: Well they had tried, Yes, they were trying to get
Speaker 5: it thrown out, but it was denied. Yeah, it was
Speaker 5: trying to get a toss it was denied.
Speaker 12: Yeah, it's from Fox Business.
Speaker 9: Has this.
Speaker 11: Judge denies Miley Cyrus's attempt to dismiss lawsuit comparing Flowers
Speaker 11: to Bruno Mars song. Temple Music and Miley Cyrus in
Speaker 11: September sued Miley Cyrus in September for similarities between the songs.
Speaker 11: Says here, a judge denied Cyrus's attempt to throw out
Speaker 11: copyright lawsuit against a pop star. Temple Music Investments lawsuit
Speaker 11: against Cyrus alleging similarities between her Grammy winning song Flowers
Speaker 11: and Bruno Mars is when I was your man.
Speaker 12: We'll move forward.
Speaker 11: After Judge Dan D. Pregeron Pregerson rather denied her request. Tuesday,
Speaker 11: Business can confirm Tempo Music acquired the rights to the
Speaker 11: song after buying the catalog of Philip Lawrence, a co
Speaker 11: author of the song. By the way, Yeah, and it
Speaker 11: just goes on basically this. Uh, this dismissal failed. But
Speaker 11: I'm wondering too this. I didn't think to look at
Speaker 11: this for until now. Bruno Mars has Bruno Mars commented
Speaker 11: on this. Bruno Mars himself. Let's see, Brun I didn't
Speaker 11: Tha doesn't look like he has Kenny can he say anything?
Speaker 12: Well, maybe not, maybe it's better.
Speaker 11: Oh you know what, I don't think he actually has
Speaker 11: a writing credit on it, so he yeah, so so
Speaker 11: it actually doesn't involve him in a sense.
Speaker 5: But they're just using his name because he sings the song.
Speaker 5: Everybody knows it. So now everybody thinks he's suing.
Speaker 12: Yeah, and that's not the case.
Speaker 11: Now there's an article here also, this is from Billboard,
Speaker 11: but this is twenty twenty three. This was before the
Speaker 11: lawsuit started. This is called why Miley Cyrus Flowers doesn't
Speaker 11: need to credit Bruno Mars yeah, that's a large, long
Speaker 11: article though we don't have time. But anyway, Yeah, so
Speaker 11: we're in agreement. I think right that this this lawsuit is.
Speaker 5: Silly and it's a get rich quick scheme.
Speaker 11: So frivolous lawsuit should be dismissed.
Speaker 5: Should be totally dismissed with prejudice.
Speaker 12: And we will keep an eye on it going forward.
Speaker 11: But if you are listening live on Saturday, we have
Speaker 11: Questing Beasts coming up next there in the building, I presume. Yeah, yeah,
Speaker 11: really looking forward to speaking with them. They have a
Speaker 11: great sound and they've got a big show coming up
Speaker 11: this Sunday at Terminus Underground in Nashua. So we're going
Speaker 11: to talk with them, uh in just a couple of moments.
Speaker 11: But we are nearing the top of the hour. We're
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