Field Dispatch
Matt Connarton Unleashed 5-16-26 hour 1
Speaker 1: You're listening to Macconnorton Unleashed on wmnhnwenty five point three.
Speaker 2: Right now we have the world radio premiere of the
Speaker 2: new single from Rubin Wetton.
Speaker 3: This is called game Over.
Speaker 4: I'm looking the beadthroom. I'm standing by girls Telsey looking
Speaker 4: here me love. I'm here standing on you say that
Speaker 4: you always love me.
Speaker 5: You walked away and loved me in through the time.
Speaker 5: I have to never God over one until the move.
Speaker 4: You went covered of food that tad or tell you
Speaker 4: off you find God and he used to Mason answer
Speaker 4: found skint mountains, no adam plaise your God?
Speaker 5: No no, so over, So I'll go.
Speaker 4: Sings and nothing from jeal'slack to thoughts in my hed
Speaker 4: erks h me like good foods like I've been shocked.
Speaker 4: You went colvered, flood r still your.
Speaker 3: You thought I good and.
Speaker 4: Enough fused to massure mood and so I found as amos,
Speaker 4: no one.
Speaker 6: Plager, cards, no no things.
Speaker 7: So go.
Speaker 4: You covered up the muda.
Speaker 6: Read hard to fill your.
Speaker 4: Few third good enough used imagine the common.
Speaker 6: And sidew.
Speaker 5: Magic thingver.
Speaker 7: So I'll go.
Speaker 2: That is game Over, the world radio premiere of the
Speaker 2: new single from Ruben Wetton, who will be with us
Speaker 2: in studio on July eleven, or actually I think he'll
Speaker 2: be joining us via Microsoft Teams or WhatsApp. I'm not sure,
Speaker 2: but we'll see. We'll see July eleven. That's a little
Speaker 2: bit a little bit of ways.
Speaker 3: But a couple months. But hey, welcome everybody.
Speaker 2: This is Matt Connorton Unleashed and we are live from
Speaker 2: the studios of wm n H ninety five point three
Speaker 2: FM and Glorious Manchester, New Hampshire. Of course, you can
Speaker 2: stream the show from anywhere. Go to Matt conorton dot com,
Speaker 2: slash live, or our new website dedicated specifically to the show,
Speaker 2: Matt Connorton Unleashed dot com for all of your live
Speaker 2: streaming options, social media links, contact info, show archives, et cetera,
Speaker 2: et cetera. We're still kind of building out the news site.
Speaker 2: Of course, if you go to Matt conorton dot com,
Speaker 2: you can find out everything you've ever wanted to know
Speaker 2: about me. Well, maybe not everything, but you can find
Speaker 2: out a lot. But the new website is Matt Condorton
Speaker 2: Unleashed dot com and we do have the archive of
Speaker 2: all the episodes of the show up and available, and
Speaker 2: it is searchable, so if you're looking for a specific guest,
Speaker 2: for example, you can find you can find that episode
Speaker 2: or episodes. But we are still adding a lot to
Speaker 2: that so but you know, check back check back on
Speaker 2: that site every now and again too. But you have
Speaker 2: no sh shortage of ways to listen to us, to
Speaker 2: find our content, et cetera. But we appreciate you being
Speaker 2: here with us. Today is Saturday, May sixteen, twenty twenty six,
Speaker 2: and in just a couple of minutes we're going to
Speaker 2: be joined by Dave Derby via Microsoft Teams. He is
Speaker 2: from the band The Damn Builders and they have reunited
Speaker 2: and they're making new music. And I cannot wait to
Speaker 2: talk to Dave because, you know, a great band from Boston,
Speaker 2: but a national act certainly. I remember seeing the video
Speaker 2: for the song Shine on MTV.
Speaker 3: That was the.
Speaker 2: First thing I thought of when it was brought to
Speaker 2: my attention that Jenny had booked Dave Derby from The
Speaker 2: dam Builders to join us on the show. I was like,
Speaker 2: oh my god, I remember the video for Shine, and
Speaker 2: there's a new video. There's a new version of the
Speaker 2: video which we'll talk to Dave about, which actually incorporates
Speaker 2: some footage from the original video into the new video,
Speaker 2: and it's just very very cool. So I'm extremely excited
Speaker 2: to talk to Dave Derby from The Damn Builders in
Speaker 2: the second hour of the show today. My old friend
Speaker 2: Mike Laughlin, an enormously talented musician who I have known
Speaker 2: for many, many years and booked some shows for him
Speaker 2: along the way, and we've done some projects. We had
Speaker 2: a podcast we were involved in at one point called
Speaker 2: give It a Name way back, you know, because I
Speaker 2: would say I'm an og podcaster, And just so I
Speaker 2: don't know if he's bringing his guitar and playing live
Speaker 2: or not.
Speaker 3: We'll see.
Speaker 2: We do have some studio tracks we can feature too,
Speaker 2: But Mike is amazing. He'll be here in the second
Speaker 2: hour today. I can always remember to exactly how long
Speaker 2: I've known Mike because it just so happens, and we've
Speaker 2: brought this up on the show and he's been on before.
Speaker 2: I originally met Mike Lachlan literally right after nine to
Speaker 2: eleven happened, I think it was that same week.
Speaker 3: So it's very easy to remember exactly how.
Speaker 2: Long I've known Mike Lachlan, you know, because you know,
Speaker 2: try to figure out I've known this person a long time.
Speaker 2: How long have I known them? It's very easy to
Speaker 2: remember how long I've known Mike.
Speaker 3: What is that?
Speaker 2: Twenty five years? Oh my god, I'm not good at math.
Speaker 2: That is twenty five right, twenty five years? Oh my god. Anyway,
Speaker 2: and then in the third hour, we have some music
Speaker 2: news that we will cover and listen to very quickly.
Speaker 2: A couple of big shows that are happening today. For
Speaker 2: those of you who are in Manchester, New Hampshire, and
Speaker 2: even if you're not in Manchester, New Hampshire, it's worth
Speaker 2: the drive. Please come to our wonderful city because we've
Speaker 2: got a couple of great shows happening now. One of
Speaker 2: them is especially important to me, and I'm going out
Speaker 2: of my way to mention because I'm going to be there,
Speaker 2: So come say hello at Jewel Music Venue.
Speaker 3: It's actually right.
Speaker 2: Not that this necessarily means anything to you if you
Speaker 2: don't know where the station is, but it's right across
Speaker 2: the street from the station, right across the street from
Speaker 2: WM and H. But Jewel Music Venue. It's a wonderful place,
Speaker 2: and this is a big deal. It's a festival, beaten
Speaker 2: and bruised is the name of the festival. It features
Speaker 2: forty below Summer. Actually, I'm going to give you the
Speaker 2: whole line up here. Let's see on the main stage,
Speaker 2: because they're doing two stages on the main stage today
Speaker 2: and this starts at three pm. By the way, doors
Speaker 2: at three. Music starts at three thirty. So there's a
Speaker 2: lot of bands. Here's the main stage. Forty below Summer,
Speaker 2: Scarecrow who have been on the show, Inverter who have
Speaker 2: been on the show, Creation from Crisis, the Gray Curtain,
Speaker 2: who has been on the show. In fact, it was
Speaker 2: Dennis from The Gray Curtain who invited Jenny and I.
Speaker 2: Jenny's at an event today so she can't attend this
Speaker 2: with me, but.
Speaker 3: I'll be there. Primora, Lucky Shot and Grim or gr Im.
Speaker 2: Is how it's written with periods and everything, so I
Speaker 2: guess it's actually gr I am. But they will all
Speaker 2: be there on the main stage. That's a very very
Speaker 2: strong lineup. Second stage, Fear the masses, enough of me, Bailwick,
Speaker 2: Fall of Atlantis. Tomorrow, I'm told Throttle, Hide and Orbiter.
Speaker 2: There will be live music, food and vendors. This is
Speaker 2: being presented.
Speaker 3: Let's see.
Speaker 2: Oh, I want to make sure I get this in
Speaker 2: King's Court Booking and Jewel Music Venue Presents. So King's
Speaker 2: Court Booking is the name of the company of the
Speaker 2: promoter that's putting it on. I'm not familiar with them.
Speaker 2: Maybe we'll have to get them on the show. And
Speaker 2: it's also sponsored by Mystic Christen Tattoo. So that is
Speaker 2: today again, doors at three. Show starts at three thirty.
Speaker 2: It is eighteen plus and tickets are twenty five in
Speaker 2: advance or thirty at the door. But this is a big,
Speaker 2: big event, So like I said, I'll be there, come
Speaker 2: say hello. Got to get there in time for the
Speaker 2: Great Curtain. They're the ones who invited us. Dennis Layton,
Speaker 2: great great guy. One other thing that's happening to later
Speaker 2: on in the evening tonight, Let's see Mike Frazier, who
Speaker 2: is a great singer songwriter from Seattle. He's been on
Speaker 2: the show with us and like actually in studio with us,
Speaker 2: because when he goes on tour, he tours a lot
Speaker 2: and when he's in our area he tries to get
Speaker 2: in here. Unfortunately, the way it worked out with travel,
Speaker 2: he wasn't going to be getting to Manchester early enough
Speaker 2: to appear on the show this time, but he is
Speaker 2: playing in Manchester. He's going to be playing tonight at
Speaker 2: the shaskiing right on Elm Street, along with Regals and
Speaker 2: Jake McKelvey, and that starts at nine pm. So nine
Speaker 2: pm tonight at the Shasking right here in Manchester, which
Speaker 2: is actually where Jenny and I I first met Mike
Speaker 2: Frasier and Regals. Actually we met Regals that night too,
Speaker 2: But that's gonna be happening tonight at the Shasking at
Speaker 2: nine pm for those of you listening live of course
Speaker 2: on Saturday May sixteen, So a couple of big shows.
Speaker 3: But again, please come.
Speaker 2: To Jewel because I will be there and I would
Speaker 2: love to say hello, and would love for you to
Speaker 2: say hello to me. And I cannot wait to see
Speaker 2: The Gray Curtain live. I haven't seen the Greay Curtain.
Speaker 2: I haven't seen scarecrow Hill live either. They've been on
Speaker 2: the show. They're amazing. Haven't seen Inverter live. They've been
Speaker 2: on the show. They're amazing. So and we're gonna feature
Speaker 2: some of their music today in the third hour.
Speaker 3: Of the show. But right now, let's go ahead and
Speaker 3: do this. We're gonna play again.
Speaker 2: This is Shine twenty twenty six it's the newly remastered
Speaker 2: version by The Damn Builders, and we're gonna get Dave
Speaker 2: Derby on with us via Microsoft Teams to talk all
Speaker 2: about it. I cannot wait to talk to Dave. This
Speaker 2: is so cool, this is I'm very excited about today's show.
Speaker 2: But here it is Shine, the twenty twenty sixth version
Speaker 2: by The Damn Builders.
Speaker 5: She tells you speak much as she tells me.
Speaker 8: Her favorite bands.
Speaker 5: It's not too much.
Speaker 8: To talk about what else she understands.
Speaker 5: I know she likes.
Speaker 8: That.
Speaker 5: She wants me what she wants to stop past her.
Speaker 9: Shop from k and now we'll see talk yes to day.
Speaker 9: I let her smoking Bob, you get your to bab
Speaker 9: behind don't know what too long and anybody. When she
Speaker 9: wanted to tell Jane I know something what I could,
Speaker 9: but so easily because her hands colored red.
Speaker 3: We'nna ask her she'll time out to She.
Speaker 10: Tells me it's already day.
Speaker 11: I don't know.
Speaker 8: Let's check them at time so out candle to side.
Speaker 8: How fucking.
Speaker 2: Oh that is so good The Damn Builders Shine. But
Speaker 2: that's the new version, remastered version. We're actually gonna play
Speaker 2: another track while we get Dave on via Microsoft Teams.
Speaker 2: Let's us sneak this one in. This one's called I
Speaker 2: Hope It's not too late again The Damn Builder's new music.
Speaker 12: Hont lot Hey, hont.
Speaker 13: God, to.
Speaker 8: God, to.
Speaker 11: God, God, look at to.
Speaker 5: Look at to, got.
Speaker 11: To, got to, got to.
Speaker 14: Be, got to run.
Speaker 9: Locks magi of FD that focus not.
Speaker 8: Look not to look at, to look at tost can
Speaker 8: be that s of when the.
Speaker 5: Insposed to can be just scan that.
Speaker 8: Has spa but its spell.
Speaker 7: And.
Speaker 5: Than show of.
Speaker 8: Is disposed to a can discan and the past a spell.
Speaker 2: Hey, that is I Hope We're not too late by
Speaker 2: the Damn Builders. That is an ironic title given the circumstance.
Speaker 2: We're having a little bit of a problem connecting with Dave,
Speaker 2: so we're trying to figure this out. We're using Microsoft Teams,
Speaker 2: but sometimes people have an issue with it. It happens technology.
Speaker 2: We'll bite us in the backside once in a while.
Speaker 2: I think what we're gonna do is we're gonna go
Speaker 2: ahead and play one more Damn Builders song. This is
Speaker 2: another one of the remasters that I really really like.
Speaker 2: This is called Delaware. We're gonna give this a spin.
Speaker 2: We're gonna see if we can get Dave, if we
Speaker 2: can get this all figured out. If we can't, we'll
Speaker 2: move on. We've got plenty to do on the show today.
Speaker 2: If you are just joining us, this is Matt Connorton Unleashed.
Speaker 2: We are live on this Saturday morning, May sixteen, twenty
Speaker 2: twenty six here at wm n H ninety five point
Speaker 2: three FM.
Speaker 3: But let's give this a listen. This is called Delaware again.
Speaker 3: This is the Damn Builders.
Speaker 8: Because your mother, I mean stand you win, your sex, compassion, virtue.
Speaker 5: Let's just a you can't kick je a hot starts.
Speaker 14: Next my heart to know you're having a brilliant stars
Speaker 14: of bullying.
Speaker 5: It's the time supply supplies. You told you despise me.
Speaker 5: I'm g cards to let you starve. An't like your
Speaker 5: stuff spots to get to that's.
Speaker 8: Train that too. I tell my Sun she want to.
Speaker 15: Take all the ham snot suppress.
Speaker 5: Not stand of, not fun day.
Speaker 6: I love that.
Speaker 3: That is Delaware.
Speaker 2: The band is the Damn Builders, great Boston band, and
Speaker 2: uh they've got They have reunited after many many years
Speaker 2: and it's pretty cool.
Speaker 3: Unfortunately, we're having a problem getting Dave dr be.
Speaker 2: On with us via Microsoft Teams I won't pore you
Speaker 2: with the details, but if we can get it figured out,
Speaker 2: we will bring Dave on. If we cannot, we will
Speaker 2: have to reschedule. But that does happen sometimes, and like
Speaker 2: I said, technology does not always not always work quite
Speaker 2: the way that we want it to. But if you
Speaker 2: are joining us live, this is Matt Connorton Unleashed and
Speaker 2: we are live from the studios of w MNH ninety
Speaker 2: five point three FM and Glorious Manchester, New Hampshire. Are
Speaker 2: very warm at Manchester, New Hampshire. I think it's supposed
Speaker 2: to be in the eighties today, it's supposed to be
Speaker 2: in the nineties later in the week. I'm a weird guy.
Speaker 2: I actually like it hot. I not only don't mind
Speaker 2: it hot. Some people don't mind it hot. I actually
Speaker 2: like it hot when it's ninety degrees out. I'm a
Speaker 2: happy guy, so I am good with all of that.
Speaker 2: But yeah, so it's gonna be very very warm. After
Speaker 2: the winter we went through, I think we deserve some
Speaker 2: very warm weather coming up in the second hour. Mike
Speaker 2: Lachlan will be here with us alive in studio, and
Speaker 2: I'm gonna talk a little bit later to remind everybody
Speaker 2: about this. Two big shows happening in Manchester today, one
Speaker 2: of them which I will be at if people want
Speaker 2: to come say hello, at Jewel Music Venue. And then
Speaker 2: there's a big show tonight at the Shaskiing as well.
Speaker 2: But we'll talk about all those a little bit later.
Speaker 2: I'm gonna take a big gulp of water because my
Speaker 2: allergies have been so bad this year, and it just
Speaker 2: it affects my throat. Not only does it make me stuffy.
Speaker 2: You can probably hear it. You might be thinking, Matt
Speaker 2: sounds like he has a cold.
Speaker 3: I do not have a cold.
Speaker 2: It's just allergies. But it gets in my throat too,
Speaker 2: and my throat gets very dry, very quickly. I was
Speaker 2: reading online something about why it is especially bad this year,
Speaker 2: and I think it's got something to do with the
Speaker 2: lack of rain or something. So everything is but there
Speaker 2: was something else too, But I think it has to
Speaker 2: do with the cool, dry air, because when it rains,
Speaker 2: it actually washes some of this stuff away. It washes
Speaker 2: away the pollen and I don't know whatever else floats
Speaker 2: around in the air.
Speaker 3: Ragweed, that's a thing, right.
Speaker 2: I've never had add an actual allergy test done because
Speaker 2: knowing what I'm allergic to isn't gonna change the fact
Speaker 2: that I'm allergic to it. I mean, I certainly know
Speaker 2: obviously pollen. When the pollen count is high, I'm sneezing
Speaker 2: a lot. It's a sneeze a thon. My favorite thing
Speaker 2: is when the pollen is so thick you actually have
Speaker 2: to wipe it off your windshield. That's when I know
Speaker 2: I'm in for a sneeze tastic day.
Speaker 3: I'm gonna take a big gulp of water.
Speaker 2: Ah, there we go. Allergy season will not defeat me. Hey,
Speaker 2: I just saw something. So, you know, obviously, when we
Speaker 2: have time on the show, we like to do some
Speaker 2: music industry news. This is really interesting to me. This
Speaker 2: is from one of my favorite websites for music industry news,
Speaker 2: music businessworldwide dot com. Coca Cola denies Johnny Cash a
Speaker 2: sound alike claim, disputes infringement in a state lawsuit. Now,
Speaker 2: this is something that we talk about a lot on
Speaker 2: the show. Of course, AI, you know, you can create
Speaker 2: AI deep fake voices and images and videos and all
Speaker 2: of that, and of course anything having to do with
Speaker 2: intellectual property, copyright, trademark, all of that has always been
Speaker 2: very interesting to me. And one of the things that
Speaker 2: comes up to a lot on the show is in
Speaker 2: terms of a person's image, likeness, voice if they have
Speaker 2: a very distinctive voice, with which Johnny Cash certainly does.
Speaker 2: What are the legal ramifications of trying to pass something
Speaker 2: off as being legitimate when it's not.
Speaker 3: Was it last week? It was either last week or
Speaker 3: the week before.
Speaker 2: We talked about this thing going on on TikTok with
Speaker 2: these deep fake scams where people are actually using a
Speaker 2: likeness of Taylor Swift to create content that is not her,
Speaker 2: but it looks like her, it sounds like her. But
Speaker 2: you know, she's doing stuff that you would not expect
Speaker 2: of a celebrity of the level of Taylor Swift, because
Speaker 2: she's selling memberships on TikTok to some stupid thing that's
Speaker 2: actually just a scam anyway, and you put in your
Speaker 2: information and it seals your money out of your bank account,
Speaker 2: and that's the whole point of the scam, right obviously,
Speaker 2: Taylor Swift, I mean, well, first of all, she wouldn't
Speaker 2: be in a scam to take your money because she
Speaker 2: already has all the money.
Speaker 3: In the world.
Speaker 2: But also, why would Taylor Swift be involved in something
Speaker 2: like that selling memberships on TikTok or Kim Kardashian is
Speaker 2: another celebrity who's recently been deep faked, if I may
Speaker 2: use that as a verb on TikTok. And what I
Speaker 2: say is, when you see something like that and it
Speaker 2: makes you think, why is a celebrity the stature of
Speaker 2: this particular person lowering themselves to do this really scammy,
Speaker 2: low rent sort of thing on social media that doesn't
Speaker 2: make any sense to me. If you see that and
Speaker 2: it doesn't make any sense to you, it's because it
Speaker 2: doesn't make any sense.
Speaker 3: It's not really them. It's a deep fake.
Speaker 2: So these as we continue into the AI era, if
Speaker 2: I may, this is going to become more and more
Speaker 2: of a problem. And these questions about intellectual property and
Speaker 2: likenesses and trademarks and infringement, all of these illegal buzzwords
Speaker 2: that you hear, We're going to be hearing more and
Speaker 2: more of.
Speaker 3: So I'm fascinated by this.
Speaker 13: Now.
Speaker 2: This is something I did not reread this. I just
Speaker 2: found this, But this is along the lines of something
Speaker 2: that we talk about a lot on the show. So again,
Speaker 2: this is from Music Business Worldwide dot Com Coca Cola
Speaker 2: denies Johnny Cash sound to like claim disputes infringement in
Speaker 2: a state lawsuit. So let's see it says here the
Speaker 2: Coca Cola company pushed back against a lawsuit filed by
Speaker 2: the estate of Johnny Cash, denying that a singer used
Speaker 2: in a college football themed commercial infringed on the late
Speaker 2: country icons voice rights. Now, before we go any further,
Speaker 2: this is something Jenny and I argued about on the show. Debated,
Speaker 2: sort of argued, we have more clicks on social media
Speaker 2: if we say, argue.
Speaker 5: What if?
Speaker 2: What if someone happens to sound like someone famous? This
Speaker 2: is a question that gets raised when we talk about
Speaker 2: TikTok not TikTok, I'm sorry, when we talk about Spotify,
Speaker 2: for example, a music streaming platform. Say you have an
Speaker 2: artist who has a voice that happens to sound like
Speaker 2: somebody famous. Now you are not allowed. Of course, these
Speaker 2: streaming services do not allow you to intentionally upload things
Speaker 2: that misrepresent what it is as being legitimate when it's
Speaker 2: not so. In other words, if you will use Taylor
Speaker 2: Swift as an example, again, because obviously everyone knows who
Speaker 2: Taylor Swift is, Let's say you were to upload something
Speaker 2: and present it as Taylor Swift. You can't do that
Speaker 2: because you're not Taylor Swift. But what if you happen
Speaker 2: to sound like Taylor Swift and you upload something that
Speaker 2: you're not trying to pass it off as Taylor Swift,
Speaker 2: but you happen to sound like her. And the reason
Speaker 2: that comes up is because then there is this question. Well, obviously,
Speaker 2: if you are a person of notoriety, if you're famous,
Speaker 2: you own of course, you own the rights to your
Speaker 2: own image and likeness and all that, but what about
Speaker 2: your voice? And this is something that the Jenny and
Speaker 2: I had had quite a discussion about, we'll put it
Speaker 2: that way on the air on the show months ago
Speaker 2: because this had come up where Scarlett Johansson was suing somebody,
Speaker 2: I don't remember who. She was suing a company that
Speaker 2: was using what she claimed was an AI generated version
Speaker 2: of her voice because this company had approached her about
Speaker 2: being the voice of something, some app or something, and
Speaker 2: she said no, So instead they went ahead and had
Speaker 2: this app have what sounded like her voice. Now it
Speaker 2: wasn't her according to this company. It wasn't even an
Speaker 2: AI generated version of her.
Speaker 5: It was.
Speaker 2: Just another just a voice actress who sounded like her.
Speaker 2: But then you get into the question of see, it
Speaker 2: gets so complicated. Is the voice actress? Do they just
Speaker 2: happen to sound like Scarlett Johansson or are they intentionally
Speaker 2: doing an impression of Scarlett Johansson so that you think
Speaker 2: it's Scarlett Johansson. See again, it's easy to talk about
Speaker 2: the rights to your likeness to your image, but when
Speaker 2: we talk about the rights to your voice, what if
Speaker 2: somebody else happens to sound like you? Then it gets dicey. Right,
Speaker 2: So again I say all that to say is circling
Speaker 2: back to this. So Coca Cola is denying that they
Speaker 2: infringed upon the rights the voice rights of the estate
Speaker 2: of Johnny Cash. Okay, so we get back to the article.
Speaker 2: So it says here Cash has a state filed in
Speaker 2: the lawsuit and US District record in Nashville. In November
Speaker 2: of twenty five, a legend Coca Cola hired a tribute
Speaker 2: singer to record vocals for a commercial that started airing
Speaker 2: in August twenty twenty five. Okay, so if they hired it,
Speaker 2: now here's the thing again, This is another layer of
Speaker 2: where it gets complicated.
Speaker 3: Here if you are a tribute act. So, say.
Speaker 2: You are a Johnny Cash tribute artist, you go and
Speaker 2: you do shows, and you do the whole show as
Speaker 2: Johnny Cash.
Speaker 3: Right. This is not a new thing.
Speaker 2: Of course, lots of tribute acts, tribute bands. You know,
Speaker 2: Kiss is my favorite band, is like a million Kiss
Speaker 2: tribute bands out there.
Speaker 14: Right.
Speaker 2: If you do that, of course you're going to try
Speaker 2: to sound like that artist. Or who knows, maybe you
Speaker 2: naturally sound like that artist, and maybe that's the whole
Speaker 2: reason you got into doing a tribute to them, because
Speaker 2: you happen to have a voice similar to them. I mean,
Speaker 2: it's hard to believe anybody sounds like Johnny Cash, right,
Speaker 2: but it's certainly possible, so it says here.
Speaker 3: Coca Cola filed its.
Speaker 2: Answer on May eighth, denying that the ad infringed Cash's
Speaker 2: voice and denying the existence of an infringing ad. However,
Speaker 2: the company did acknowledge that the ad contained a male
Speaker 2: singing voice and that the company quote caused the advertisement
Speaker 2: to appear on television, some social media, and some online platforms.
Speaker 2: It says here quote the Coca Cola company admits that
Speaker 2: the advertisement appeared on ABC, NBC, FOX, FS one, BTN, TN,
Speaker 2: T ESPN, ESPN, two TBS, and True TV. The Coca
Speaker 2: Cola Company admits that the advertisement first aired during the
Speaker 2: twenty twenty five fall college football season. Unquote, So they're
Speaker 2: not acknowledging any you know that in any way infringed
Speaker 2: upon or was supposed to sound like Johnny Cash. I
Speaker 2: guess they're just deniging that. It'd be great if we
Speaker 2: can find the ad. I'd like to find the ad
Speaker 2: and see, you know, it's probably I'm sure it's on
Speaker 2: YouTube right, maybe I can find it quickly, Okay. The
Speaker 2: company also confirmed that the ad included imagery from the
Speaker 2: University of Michigan, the University of Notre Dame, the University
Speaker 2: of Southern California, Louisiana State University, and Ohio State University,
Speaker 2: schools with which it has or had commercial relationships. However,
Speaker 2: Coca Cola denied the estate's core allegations. Lawyers for the
Speaker 2: beverage Giants said, quote, the Coca Cola Company admits that
Speaker 2: the singing voice included in the advertisement is not the
Speaker 2: voice of Johnny Cash unquote. The company rejected the estate's
Speaker 2: claims that it used a sound alike singer in the ad.
Speaker 6: Quote.
Speaker 2: The Coca Cola Company denies the allegations embedded in the
Speaker 2: defined term sound alike singer. The Coca Cola Company admits
Speaker 2: that the singer appears to have a website that includes
Speaker 2: the quote language unquote, reads the filing. I don't understand
Speaker 2: what that last part means. Well, maybe it explains it here.
Speaker 2: That quoted language refers to an allegation from the Cash
Speaker 2: to state that the singer in question advertises himself via
Speaker 2: a website calling him quote the number one Johnny Cash
Speaker 2: Tribute Show. Oh so, based on where we've gotten so far,
Speaker 2: and there is more, but let's look at where we
Speaker 2: are now. And again, to remind everyone, I am not
Speaker 2: a legal expert of any kind. I have no legal background.
Speaker 2: I'm not an attorney. I just happen to find this
Speaker 2: stuff interesting. I do know a little bit about intellectual
Speaker 2: property and things of that nature, just because of my
Speaker 2: background and some of the work that I've done, but
Speaker 2: I'm far from an expert, so I am speaking as
Speaker 2: a layman here, and I would just say, so far,
Speaker 2: to me, this sounds a little bit damning. In other words,
Speaker 2: if Coca Cola is trying to play this off as
Speaker 2: we did not intentionally try to make this because it
Speaker 2: sounds like this is a roundabout way of saying, we
Speaker 2: didn't try to make this sound like Johnny Cash. We
Speaker 2: didn't try to fool anybody into thinking that this was
Speaker 2: Johnny Cash. We just what We just happened to hire
Speaker 2: a singer who advertises himself on his website as the
Speaker 2: number one Johnny Cash tribute show. But that doesn't mean
Speaker 2: that we're directly infringing. But again again, and I want
Speaker 2: to get a leak. You know, one of these days
Speaker 2: we got we have to get an attorney on the
Speaker 2: show because we have so many questions Jenny and I.
Speaker 2: When I say we, I mean Jenny and I both,
Speaker 2: because you know, these are things that we've discussed a
Speaker 2: lot on the show over the years. But again, is
Speaker 2: it is it considered infringement if it's someone who is
Speaker 2: doing an imitation and impression, like, what makes it an infringement?
Speaker 2: Is it just that they sound like Johnny Cash and
Speaker 2: people are fooled by it? Probably? Again, speaking as a layman, yeah,
Speaker 2: that's probably infringement. If you're intentionally trying to deceive people,
Speaker 2: then I would say yes. If you're not intentionally trying
Speaker 2: to deceive anyone and the singer in question just happens sound.
Speaker 3: Like Johnny Cash.
Speaker 2: Okay, but I'm kind of not buying it, especially when
Speaker 2: this dude again he plugs himself on his website as
Speaker 2: being the number one Johnny Cash tribute show.
Speaker 3: All right, let's see there's more to this again. This
Speaker 3: is from.
Speaker 2: Music Businessworldwide dot Com, again one of my favorite websites
Speaker 2: for music industry news. It says here the cash estate
Speaker 2: lawsuit invokes Tennessee's Elvis Act, enacted in March of twenty
Speaker 2: twenty four. Oh, by the way, there's something similar here
Speaker 2: in New Hampshire. And this is what Jenny has talked
Speaker 2: about because she was a part of it when she
Speaker 2: served in the New Hampshire State Legislature, the JD. Salinger Act. Salinger,
Speaker 2: of course, a very famous author who is from New Hampshire,
Speaker 2: and this very issue came up in terms of the
Speaker 2: use of his likeness for something and or his name
Speaker 2: for something, and so they passed they passed a similar
Speaker 2: act and Salinger is in the I don't remember the
Speaker 2: exact name of the law here in New Hampshire, but
Speaker 2: you would think there'd be federal l'mp sure there are
Speaker 2: federal laws about this, but obviously we have a patchwork
Speaker 2: of state laws as well when it comes to this.
Speaker 2: But they passed a law here in New Hampshire, the
Speaker 2: state legislature did when Jenny was serving about that. I
Speaker 2: think it might literally be called the JD. Sounder Act.
Speaker 2: I'm not sure, but it's about protecting someone's name and
Speaker 2: likeness from being used commercially in a way that the
Speaker 2: family does not approve of. So apparently Tennessee they have
Speaker 2: the Elvis Act. Okay, it protects likeness, voice and image rights.
Speaker 2: The law defines, Now this is important. The law defines
Speaker 2: voice as quote, a sound in a medium that is
Speaker 2: readily identifiable and attributable to a particular individual, regardless of
Speaker 2: whether the sound contains the actual voice or a simulation unquote.
Speaker 2: So according to the Elvis Act, if I'm reading that correctly,
Speaker 2: in Tennessee, you can't do a sound alike. You can't
Speaker 2: do a tribute and say, oh, that's fine. Certainly not
Speaker 2: if the estate of the person who's you know, you're
Speaker 2: imitating objects.
Speaker 3: It says here.
Speaker 2: The state also brought claims under the Tennessee Consumer Protection
Speaker 2: Act and the federal Landham Act Coca Cola denied liability
Speaker 2: on all three accounts. So according to according to the estate,
Speaker 2: this is in there. This is from their filing. Quote,
Speaker 2: the trust failed to take reasonable action to minimize any
Speaker 2: damage allegedly sustained as a result of the facts alleged
Speaker 2: in the complaint. Oh, I'm sorry. This is from This
Speaker 2: is from Coca Cola. This is their attorney's responding. I apologize,
Speaker 2: I got that backward. So this is their response. Coca
Speaker 2: Cola's response. Their attorney's response to the lawsuit. Quote, the
Speaker 2: trust failed. The trust, referring to the estate, failed to
Speaker 2: take responsibility responsible I'm sorry, reasonable action to minimize any
Speaker 2: damages allegedly sustained as a result of the facts alleged
Speaker 2: in the complaint, and is therefore barred from recovering any
Speaker 2: damages which might reasonably have avoided unquote. In its response,
Speaker 2: Coca Cola raised a number of grounds to dismiss all claims,
Speaker 2: including that the trust quote lacks standing to assert the
Speaker 2: rights underline its claims unquote, that the trust claims.
Speaker 3: Quote are barred in whole or in part by the.
Speaker 2: First Amendment unquote, and that the state law claims quote
Speaker 2: are barred in whole or in part because they are
Speaker 2: preempted by federal law unquote. That last part is particularly
Speaker 2: interesting to me. So in other words, they're saying, well,
Speaker 2: you can't use the Elvis Act because federal law supersedes it.
Speaker 2: And to that, I would say, well, does it really,
Speaker 2: Because if you know anything about this stuff, you know
Speaker 2: there are you know, there's the concept of federalism, that
Speaker 2: and the tenth Amendment. And we used to back when
Speaker 2: we used to do politics on this show, which we
Speaker 2: don't do anymore, not in the not in this iteration
Speaker 2: of the program here at WMNH, but we used to
Speaker 2: talk about that a lot. You know, states rights versus
Speaker 2: federal rights, and states will often enact laws and they
Speaker 2: would argue that you can do that under the tenth
Speaker 2: Amendment of the Constitution, an act laws that maybe do
Speaker 2: not comport with what the federal law is, and the
Speaker 2: theory that federal law always supersedes state law.
Speaker 3: But does it really?
Speaker 2: And you can kind of give examples of where it
Speaker 2: does and where it doesn't. You know, for example, when
Speaker 2: we talk about things like decriminalization and legalization of marijuana,
Speaker 2: will federal law says it's illegal, but individual states have
Speaker 2: legalized it, et cetera. So it's quite the rabbit hole
Speaker 2: that you can go down. But the argument that Coca
Speaker 2: Cola's legal team seems to be making, one of them,
Speaker 2: one of several, is that they can do this. If
Speaker 2: I'm reading this correctly, the First Amendment of the Constitution
Speaker 2: says they can do this.
Speaker 3: They're free to do this.
Speaker 2: So I guess in a roundabout way, they're claiming that
Speaker 2: the Elvis Act in Tennessee, under which Coca Cola is
Speaker 2: being sued, the grounds that they're violating that is unconstitutional.
Speaker 2: It violates the First Amendment. That seems to be the
Speaker 2: argument they're making. It says here the estate had earlier
Speaker 2: accused the company of entering into endorsement agreements with entertainers, musicians,
Speaker 2: and athletes quote to induce consumers to purchase its products unquote.
Speaker 2: Coca Cola acknowledged having endorsements, but denied the estates claim
Speaker 2: that it uses the endorsements to induce customers to buy
Speaker 2: its products. Okay, now, what I want to do very
Speaker 2: quickly if we can, and I, like I said, I
Speaker 2: didn't have a chance to pre read that before we
Speaker 2: went on the air, or I would have this ready.
Speaker 2: So I'm going to try to find this as quickly
Speaker 2: as I can. I want to find the ad. I
Speaker 2: want to actually hear the ad and see. Okay, Coca
Speaker 2: Cola Johnny Cash ad. I want to see if it
Speaker 2: actually does sound like Johnny Cash. Well I found from
Speaker 2: seventeen years ago, but uh, it's clearly not that one
Speaker 2: because Johnny Cash was still alive seventeen years ago. I
Speaker 2: don't know if I'm gonna be able to find it. See,
Speaker 2: it might not even be available on YouTube because if
Speaker 2: it was, the estate might have had it pulled Dowdy
Speaker 2: Cash Trust as file as lawsuit against See. I'm finding
Speaker 2: a lot of news stories about it, but I don't Yeah,
Speaker 2: I'm probably not gonna be able to find the actual ad.
Speaker 2: Yeah there's I'm finding ads that actually have Johnny Cash
Speaker 2: in them, but I don't think I'm seeing the actual
Speaker 2: Why do I keep seeing though? Hang on, let me
Speaker 2: see what this is. This is definitely it. Okay, I
Speaker 2: found it. Looks like there's more than one. Okay, this
Speaker 2: is definitely it. August twenty twenty five. Okay, let's listen
Speaker 2: to this.
Speaker 3: This is the ad.
Speaker 2: This is the ad that the estate is suing over
Speaker 2: and again. Let's listen to this while keeping in mind that, well,
Speaker 2: does it sound like Johnny Cash? And does it sound
Speaker 2: so much like Johnny Cash that a reasonable person would
Speaker 2: be fooled? And therefore the estate has a case because
Speaker 2: they clearly tried to pass this. They wanted people to
Speaker 2: think it was Johnny Casher or whatever.
Speaker 5: I mean.
Speaker 2: There's several allegations here, but let's listen to the actual ad.
Speaker 2: Let's see and again. Coca Cola quick disclaimer, they are
Speaker 2: not in any way associated with the program. They do
Speaker 2: not sponsor the show, They're not a sponsor of WM
Speaker 2: and H, none of that. This is not an endorsement
Speaker 2: of Coca cola, nor is it a condemnation of Coca Cola.
Speaker 2: We are simply for the sake of this discussion and analysis,
Speaker 2: we are going to play the ad.
Speaker 3: Here we go.
Speaker 6: Stand with fire and side. I won't s upseide.
Speaker 2: Hey, okay, we're halfway through the ad. We're at fourteen seconds.
Speaker 2: It's the thirty second ad. Can I just say this,
Speaker 2: I don't think it sounds like Johnny Cash. What do
Speaker 2: you all think? I'd be very curious to get some
Speaker 2: audience feedback on this. I don't think it sounds like
Speaker 2: Johnny Cash. Here's what I think it sounds like. I
Speaker 2: think it sounds like someone singing in a style similar
Speaker 2: to Johnny Cash. Like, you know, that's who this guy is, right,
Speaker 2: He claims on his website he's the world's greatest Johnny
Speaker 2: Cash impersonator of all time, in the entire universe, or
Speaker 2: however it was that he put it. But I don't
Speaker 2: think it actually sounds like Johnny Cash. I think it
Speaker 2: sounds like someone singing in the style of Johnny Cash.
Speaker 2: But it does not sound like Johnny Cash to me.
Speaker 2: Let's hear the rest of the ad. You'd be the judge.
Speaker 6: It kid'st the.
Speaker 3: Again passion, all right.
Speaker 2: Well, first of all, because of the effects of the
Speaker 2: crowd noise in the ads, it's almost hard to clearly
Speaker 2: hear the voice. But guys, you know, I started out
Speaker 2: thinking that Coca Cola was in the wrong here, but
Speaker 2: now I'm starting to think they're not. I don't think
Speaker 2: that sounds like Johnny Cash. I think this is a
Speaker 2: frivolous lawsuit. That does not sound like Johnny Cash. To me,
Speaker 2: that sounds like someone vaguely singing in a style like
Speaker 2: Johnny Cash, But I don't think that. Let's play just
Speaker 2: the beginning again, because in the beginning you can more
Speaker 2: clearly hear the voice. By the time you get to
Speaker 2: the end of the ad, there's all this crowd noise
Speaker 2: and the vocal track in the ad gets buried a
Speaker 2: little bit. Let's hear the beginning again.
Speaker 6: Now with fir inside this drum albums upside.
Speaker 2: Okay, if you had played this for me, this is
Speaker 2: just my opinion. If you had played this for me
Speaker 2: and you said to me, Matt, who does that sound
Speaker 2: like to you? I would probably say something like, m
Speaker 2: kind of reminds me of Johnny Cash. What I would
Speaker 2: not say is that's Johnny Cash. I might say it
Speaker 2: kind of reminds me of Johnny Cash, but reminds me
Speaker 2: of and sounds exactly like or is definitely trying to
Speaker 2: fool somebody. That's not the same thing. A lot of
Speaker 2: things sound like other things. A lot of artists sound
Speaker 2: like other artists. A lot of voices kind of remind
Speaker 2: you of other voices or are evocative of other things
Speaker 2: that you might hear. That's not the same thing as copying.
Speaker 2: And I guess what I'm saying is if to use
Speaker 2: the legal term. That's not the same as infringement.
Speaker 3: Let's see.
Speaker 2: Oh, our friend Charles Richardson is in the chat room
Speaker 2: and has some feedback on this. Let's see what Charles
Speaker 2: has to say. Of course, Charles.
Speaker 3: Richardson, host of The Charles Richardson Show.
Speaker 2: He says, also, Coca Cola denies having a certain drug
Speaker 2: that starts with coca included in their drink. Well, that's true.
Speaker 2: There's a story. I assume it's I assume it's true.
Speaker 2: It's often been told that Coca Cola originally the reason
Speaker 2: it's called that the original formulation of Coca Cola had caffeine,
Speaker 2: not caffeine. Of course it has caffeine. Uh, had cocaine
Speaker 2: in it. That's what I've always heard. Obviously it does
Speaker 2: not now, Charles said, but we know better. Charles also said,
Speaker 2: sounds like an average country style singer.
Speaker 3: Yes, thank you.
Speaker 2: Charles agrees with me. Yeah, that does not sound like
Speaker 2: Johnny Cash. So this is a money grab. That's Judge
Speaker 2: Connerton has ruled I don't have a gavel. I can
Speaker 2: slay my water bottle. Judge Connerton has ruled case dismissed.
Speaker 2: This is a money grab. It is a frivolous lawsuit
Speaker 2: by the estate of Johnny Cash. That does not sound
Speaker 2: like Johnny Cash in the commercial. I'm sorry that someone
Speaker 2: who happens to be a Johnny Cash tribute singer just
Speaker 2: you know, happens to sound a little bit like him
Speaker 2: in the ad.
Speaker 3: But that would not fool me. Now, maybe that does
Speaker 3: fool some.
Speaker 2: People, and maybe the lawyer for the estate are approaching
Speaker 2: it like, well, the average person is easily fooled.
Speaker 3: But come on, it didn't fool me.
Speaker 2: Okay, Uh that that clearly Like I said, if I'd
Speaker 2: heard that cold and you had said to me, and
Speaker 2: you had said to me, uh that, you know, Matt,
Speaker 2: who is this, I wouldn't say it was Johnny Cash.
Speaker 2: I would say it was I might say it was
Speaker 2: someone might say it was someone who reminded me of
Speaker 2: Johnny Cash. Or Charles pointed out, you know, might just
Speaker 2: remind you of uh, you know, your your average country
Speaker 2: singer with with some twang in his voice. Oh beepin
Speaker 2: Art is also in the chat room. He's a consistent
Speaker 2: supporter of the show. Hello be And of course Isaac
Speaker 2: Banks is in the chat room as well. Hi, Isaac,
Speaker 2: just want to say hello to our peeps. But uh,
Speaker 2: we are approaching the top of the hour, So what
Speaker 2: we're gonna do. We're gonna We're gonna move on from that.
Speaker 2: We'll keep an eye on that story though, going forward
Speaker 2: again these top of intellectual property and infringement and copyright
Speaker 2: and trademark and likeness likenesses of one's voice again as
Speaker 2: we move into the AI area, although this particular story
Speaker 2: turns out had nothing to do with AI directly, but
Speaker 2: these issues will continue to take center stage, so we
Speaker 2: will keep an eye on that.
Speaker 3: If you are just joining us, this is Matt Connorton Unleashed.
Speaker 2: We are live from the studios of wm and H
Speaker 2: ninety five point three FM and Glorious Manchester, New Hampshire.
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