Matt Connarton Unleashed 5-16-26 hour 1

0:04 Speaker 1: You're listening to Macconnorton Unleashed on wmnhnwenty five point three.

0:11 Speaker 2: Right now we have the world radio premiere of the new single from Rubin Wetton.

0:17 Speaker 3: This is called game Over.

0:32 Speaker 4: I'm looking the beadthroom. I'm standing by girls Telsey looking here me love. I'm here standing on you say that you always love me.

0:52 Speaker 5: You walked away and loved me in through the time. I have to never God over one until the move.

1:09 Speaker 4: You went covered of food that tad or tell you off you find God and he used to Mason answer found skint mountains, no adam plaise your God?

1:34 Speaker 5: No no, so over, So I'll go.

1:49 Speaker 4: Sings and nothing from jeal'slack to thoughts in my hed erks h me like good foods like I've been shocked.

2:09 Speaker 4: You went colvered, flood r still your.

2:16 Speaker 3: You thought I good and.

2:19 Speaker 4: Enough fused to massure mood and so I found as amos,

2:30 Speaker 4: no one.

2:32 Speaker 6: Plager, cards, no no things.

2:37 Speaker 7: So go.

3:09 Speaker 4: You covered up the muda.

3:13 Speaker 6: Read hard to fill your.

3:16 Speaker 4: Few third good enough used imagine the common.

3:22 Speaker 6: And sidew.

3:32 Speaker 5: Magic thingver.

3:38 Speaker 7: So I'll go.

3:41 Speaker 2: That is game Over, the world radio premiere of the new single from Ruben Wetton, who will be with us in studio on July eleven, or actually I think he'll be joining us via Microsoft Teams or WhatsApp. I'm not sure, but we'll see. We'll see July eleven. That's a little bit a little bit of ways.

3:59 Speaker 3: But a couple months. But hey, welcome everybody.

4:02 Speaker 2: This is Matt Connorton Unleashed and we are live from the studios of wm n H ninety five point three FM and Glorious Manchester, New Hampshire. Of course, you can stream the show from anywhere. Go to Matt conorton dot com, slash live, or our new website dedicated specifically to the show, Matt Connorton Unleashed dot com for all of your live streaming options, social media links, contact info, show archives, et cetera, et cetera. We're still kind of building out the news site. Of course, if you go to Matt conorton dot com, you can find out everything you've ever wanted to know about me.

4:34 Speaker 2: Well, maybe not everything, but you can find out a lot. But the new website is Matt Condorton Unleashed dot com and we do have the archive of all the episodes of the show up and available, and it is searchable, so if you're looking for a specific guest, for example, you can find you can find that episode or episodes. But we are still adding a lot to that so but you know, check back check back on that site every now and again too. But you have no sh shortage of ways to listen to us, to find our content, et cetera.

5:04 Speaker 2: But we appreciate you being here with us. Today is Saturday, May sixteen, twenty twenty six, and in just a couple of minutes we're going to be joined by Dave Derby via Microsoft Teams. He is from the band The Damn Builders and they have reunited and they're making new music. And I cannot wait to talk to Dave because, you know, a great band from Boston, but a national act certainly. I remember seeing the video for the song Shine on MTV.

5:33 Speaker 3: That was the.

5:33 Speaker 2: First thing I thought of when it was brought to my attention that Jenny had booked Dave Derby from The dam Builders to join us on the show. I was like, oh my god, I remember the video for Shine, and there's a new video. There's a new version of the video which we'll talk to Dave about, which actually incorporates some footage from the original video into the new video, and it's just very very cool. So I'm extremely excited to talk to Dave Derby from The Damn Builders in the second hour of the show today.

5:58 Speaker 2: My old friend Mike Laughlin, an enormously talented musician who I have known for many, many years and booked some shows for him along the way, and we've done some projects. We had a podcast we were involved in at one point called give It a Name way back, you know, because I would say I'm an og podcaster, And just so I don't know if he's bringing his guitar and playing live or not.

6:20 Speaker 3: We'll see.

6:20 Speaker 2: We do have some studio tracks we can feature too, But Mike is amazing. He'll be here in the second hour today. I can always remember to exactly how long I've known Mike because it just so happens, and we've brought this up on the show and he's been on before. I originally met Mike Lachlan literally right after nine to eleven happened, I think it was that same week.

6:40 Speaker 3: So it's very easy to remember exactly how.

6:42 Speaker 2: Long I've known Mike Lachlan, you know, because you know, try to figure out I've known this person a long time. How long have I known them? It's very easy to remember how long I've known Mike.

6:52 Speaker 3: What is that?

6:52 Speaker 2: Twenty five years? Oh my god, I'm not good at math. That is twenty five right, twenty five years? Oh my god. Anyway, and then in the third hour, we have some music news that we will cover and listen to very quickly. A couple of big shows that are happening today. For those of you who are in Manchester, New Hampshire, and even if you're not in Manchester, New Hampshire, it's worth the drive. Please come to our wonderful city because we've got a couple of great shows happening now. One of them is especially important to me, and I'm going out of my way to mention because I'm going to be there, So come say hello at Jewel Music Venue.

7:27 Speaker 3: It's actually right.

7:28 Speaker 2: Not that this necessarily means anything to you if you don't know where the station is, but it's right across the street from the station, right across the street from WM and H. But Jewel Music Venue. It's a wonderful place, and this is a big deal. It's a festival, beaten and bruised is the name of the festival. It features forty below Summer. Actually, I'm going to give you the whole line up here. Let's see on the main stage, because they're doing two stages on the main stage today and this starts at three pm.

7:53 Speaker 2: By the way, doors at three. Music starts at three thirty. So there's a lot of bands. Here's the main stage. Forty below Summer, Scarecrow who have been on the show, Inverter who have been on the show, Creation from Crisis, the Gray Curtain, who has been on the show. In fact, it was Dennis from The Gray Curtain who invited Jenny and I. Jenny's at an event today so she can't attend this with me, but.

8:14 Speaker 3: I'll be there. Primora, Lucky Shot and Grim or gr Im.

8:18 Speaker 2: Is how it's written with periods and everything, so I guess it's actually gr I am. But they will all be there on the main stage. That's a very very strong lineup. Second stage, Fear the masses, enough of me, Bailwick, Fall of Atlantis. Tomorrow, I'm told Throttle, Hide and Orbiter. There will be live music, food and vendors. This is being presented.

8:42 Speaker 3: Let's see.

8:45 Speaker 2: Oh, I want to make sure I get this in King's Court Booking and Jewel Music Venue Presents. So King's Court Booking is the name of the company of the promoter that's putting it on. I'm not familiar with them. Maybe we'll have to get them on the show. And it's also sponsored by Mystic Christen Tattoo. So that is today again, doors at three. Show starts at three thirty. It is eighteen plus and tickets are twenty five in advance or thirty at the door. But this is a big, big event, So like I said, I'll be there, come say hello.

9:14 Speaker 2: Got to get there in time for the Great Curtain. They're the ones who invited us. Dennis Layton, great great guy. One other thing that's happening to later on in the evening tonight, Let's see Mike Frazier, who is a great singer songwriter from Seattle. He's been on the show with us and like actually in studio with us, because when he goes on tour, he tours a lot and when he's in our area he tries to get in here. Unfortunately, the way it worked out with travel, he wasn't going to be getting to Manchester early enough to appear on the show this time, but he is playing in Manchester.

9:46 Speaker 2: He's going to be playing tonight at the shaskiing right on Elm Street, along with Regals and Jake McKelvey, and that starts at nine pm. So nine pm tonight at the Shasking right here in Manchester, which is actually where Jenny and I I first met Mike Frasier and Regals. Actually we met Regals that night too, But that's gonna be happening tonight at the Shasking at nine pm for those of you listening live of course on Saturday May sixteen, So a couple of big shows.

10:15 Speaker 3: But again, please come.

10:17 Speaker 2: To Jewel because I will be there and I would love to say hello, and would love for you to say hello to me. And I cannot wait to see The Gray Curtain live. I haven't seen the Greay Curtain. I haven't seen scarecrow Hill live either. They've been on the show. They're amazing. Haven't seen Inverter live. They've been on the show. They're amazing. So and we're gonna feature some of their music today in the third hour.

10:34 Speaker 3: Of the show. But right now, let's go ahead and do this. We're gonna play again.

10:38 Speaker 2: This is Shine twenty twenty six it's the newly remastered version by The Damn Builders, and we're gonna get Dave Derby on with us via Microsoft Teams to talk all about it. I cannot wait to talk to Dave. This is so cool, this is I'm very excited about today's show. But here it is Shine, the twenty twenty sixth version by The Damn Builders.

11:24 Speaker 5: She tells you speak much as she tells me.

11:28 Speaker 8: Her favorite bands.

11:31 Speaker 5: It's not too much.

11:32 Speaker 8: To talk about what else she understands.

11:37 Speaker 5: I know she likes.

11:41 Speaker 8: That.

11:41 Speaker 5: She wants me what she wants to stop past her.

11:49 Speaker 9: Shop from k and now we'll see talk yes to day. I let her smoking Bob, you get your to bab behind don't know what too long and anybody. When she wanted to tell Jane I know something what I could, but so easily because her hands colored red.

13:00 Speaker 3: We'nna ask her she'll time out to She.

13:04 Speaker 10: Tells me it's already day.

13:06 Speaker 11: I don't know.

13:10 Speaker 8: Let's check them at time so out candle to side. How fucking.

13:47 Speaker 2: Oh that is so good The Damn Builders Shine. But that's the new version, remastered version. We're actually gonna play another track while we get Dave on via Microsoft Teams. Let's us sneak this one in. This one's called I Hope It's not too late again The Damn Builder's new music.

14:04 Speaker 12: Hont lot Hey, hont.

14:34 Speaker 13: God, to.

14:38 Speaker 8: God, to.

14:45 Speaker 11: God, God, look at to.

15:10 Speaker 5: Look at to, got.

15:18 Speaker 11: To, got to, got to.

15:31 Speaker 14: Be, got to run.

15:35 Speaker 9: Locks magi of FD that focus not.

15:42 Speaker 8: Look not to look at, to look at tost can be that s of when the.

17:13 Speaker 5: Insposed to can be just scan that.

17:25 Speaker 8: Has spa but its spell.

17:34 Speaker 7: And.

17:37 Speaker 5: Than show of.

17:42 Speaker 8: Is disposed to a can discan and the past a spell.

18:21 Speaker 2: Hey, that is I Hope We're not too late by the Damn Builders. That is an ironic title given the circumstance. We're having a little bit of a problem connecting with Dave, so we're trying to figure this out. We're using Microsoft Teams, but sometimes people have an issue with it. It happens technology. We'll bite us in the backside once in a while. I think what we're gonna do is we're gonna go ahead and play one more Damn Builders song. This is another one of the remasters that I really really like.

18:46 Speaker 2: This is called Delaware. We're gonna give this a spin. We're gonna see if we can get Dave, if we can get this all figured out. If we can't, we'll move on. We've got plenty to do on the show today. If you are just joining us, this is Matt Connorton Unleashed. We are live on this Saturday morning, May sixteen, twenty twenty six here at wm n H ninety five point three FM.

19:06 Speaker 3: But let's give this a listen. This is called Delaware again. This is the Damn Builders.

19:21 Speaker 8: Because your mother, I mean stand you win, your sex, compassion, virtue.

19:41 Speaker 5: Let's just a you can't kick je a hot starts.

20:11 Speaker 14: Next my heart to know you're having a brilliant stars of bullying.

20:34 Speaker 5: It's the time supply supplies. You told you despise me.

21:15 Speaker 5: I'm g cards to let you starve. An't like your stuff spots to get to that's.

21:33 Speaker 8: Train that too. I tell my Sun she want to.

21:47 Speaker 15: Take all the ham snot suppress.

22:01 Speaker 5: Not stand of, not fun day.

23:47 Speaker 6: I love that.

23:48 Speaker 3: That is Delaware.

23:49 Speaker 2: The band is the Damn Builders, great Boston band, and uh they've got They have reunited after many many years and it's pretty cool.

23:57 Speaker 3: Unfortunately, we're having a problem getting Dave dr be.

24:00 Speaker 2: On with us via Microsoft Teams I won't pore you with the details, but if we can get it figured out, we will bring Dave on. If we cannot, we will have to reschedule. But that does happen sometimes, and like I said, technology does not always not always work quite the way that we want it to. But if you are joining us live, this is Matt Connorton Unleashed and we are live from the studios of w MNH ninety five point three FM and Glorious Manchester, New Hampshire. Are very warm at Manchester, New Hampshire.

24:29 Speaker 2: I think it's supposed to be in the eighties today, it's supposed to be in the nineties later in the week. I'm a weird guy. I actually like it hot. I not only don't mind it hot. Some people don't mind it hot. I actually like it hot when it's ninety degrees out. I'm a happy guy, so I am good with all of that. But yeah, so it's gonna be very very warm. After the winter we went through, I think we deserve some very warm weather coming up in the second hour. Mike Lachlan will be here with us alive in studio, and I'm gonna talk a little bit later to remind everybody about this.

25:01 Speaker 2: Two big shows happening in Manchester today, one of them which I will be at if people want to come say hello, at Jewel Music Venue. And then there's a big show tonight at the Shaskiing as well. But we'll talk about all those a little bit later. I'm gonna take a big gulp of water because my allergies have been so bad this year, and it just it affects my throat. Not only does it make me stuffy. You can probably hear it. You might be thinking, Matt sounds like he has a cold.

25:26 Speaker 3: I do not have a cold.

25:27 Speaker 2: It's just allergies. But it gets in my throat too, and my throat gets very dry, very quickly. I was reading online something about why it is especially bad this year, and I think it's got something to do with the lack of rain or something. So everything is but there was something else too, But I think it has to do with the cool, dry air, because when it rains, it actually washes some of this stuff away. It washes away the pollen and I don't know whatever else floats around in the air.

25:57 Speaker 3: Ragweed, that's a thing, right.

25:59 Speaker 2: I've never had add an actual allergy test done because knowing what I'm allergic to isn't gonna change the fact that I'm allergic to it. I mean, I certainly know obviously pollen. When the pollen count is high, I'm sneezing a lot. It's a sneeze a thon. My favorite thing is when the pollen is so thick you actually have to wipe it off your windshield. That's when I know I'm in for a sneeze tastic day.

26:23 Speaker 3: I'm gonna take a big gulp of water.

26:32 Speaker 2: Ah, there we go. Allergy season will not defeat me. Hey, I just saw something. So, you know, obviously, when we have time on the show, we like to do some music industry news. This is really interesting to me. This is from one of my favorite websites for music industry news, music businessworldwide dot com. Coca Cola denies Johnny Cash a sound alike claim, disputes infringement in a state lawsuit. Now, this is something that we talk about a lot on the show. Of course, AI, you know, you can create AI deep fake voices and images and videos and all of that, and of course anything having to do with intellectual property, copyright, trademark, all of that has always been very interesting to me.

27:14 Speaker 2: And one of the things that comes up to a lot on the show is in terms of a person's image, likeness, voice if they have a very distinctive voice, with which Johnny Cash certainly does. What are the legal ramifications of trying to pass something off as being legitimate when it's not.

27:36 Speaker 3: Was it last week? It was either last week or the week before.

27:38 Speaker 2: We talked about this thing going on on TikTok with these deep fake scams where people are actually using a likeness of Taylor Swift to create content that is not her, but it looks like her, it sounds like her. But you know, she's doing stuff that you would not expect of a celebrity of the level of Taylor Swift, because she's selling memberships on TikTok to some stupid thing that's actually just a scam anyway, and you put in your information and it seals your money out of your bank account, and that's the whole point of the scam, right obviously, Taylor Swift, I mean, well, first of all, she wouldn't be in a scam to take your money because she already has all the money.

28:23 Speaker 3: In the world.

28:24 Speaker 2: But also, why would Taylor Swift be involved in something like that selling memberships on TikTok or Kim Kardashian is another celebrity who's recently been deep faked, if I may use that as a verb on TikTok. And what I say is, when you see something like that and it makes you think, why is a celebrity the stature of this particular person lowering themselves to do this really scammy, low rent sort of thing on social media that doesn't make any sense to me. If you see that and it doesn't make any sense to you, it's because it doesn't make any sense.

29:02 Speaker 3: It's not really them. It's a deep fake.

29:05 Speaker 2: So these as we continue into the AI era, if I may, this is going to become more and more of a problem. And these questions about intellectual property and likenesses and trademarks and infringement, all of these illegal buzzwords that you hear, We're going to be hearing more and more of.

29:25 Speaker 3: So I'm fascinated by this.

29:27 Speaker 13: Now.

29:27 Speaker 2: This is something I did not reread this. I just found this, But this is along the lines of something that we talk about a lot on the show. So again, this is from Music Business Worldwide dot Com Coca Cola denies Johnny Cash sound to like claim disputes infringement in a state lawsuit. So let's see it says here the Coca Cola company pushed back against a lawsuit filed by the estate of Johnny Cash, denying that a singer used in a college football themed commercial infringed on the late country icons voice rights.

29:59 Speaker 2: Now, before we go any further, this is something Jenny and I argued about on the show. Debated, sort of argued, we have more clicks on social media if we say, argue.

30:13 Speaker 5: What if?

30:15 Speaker 2: What if someone happens to sound like someone famous? This is a question that gets raised when we talk about TikTok not TikTok, I'm sorry, when we talk about Spotify, for example, a music streaming platform. Say you have an artist who has a voice that happens to sound like somebody famous. Now you are not allowed. Of course, these streaming services do not allow you to intentionally upload things that misrepresent what it is as being legitimate when it's not so. In other words, if you will use Taylor Swift as an example, again, because obviously everyone knows who Taylor Swift is, Let's say you were to upload something and present it as Taylor Swift.

30:58 Speaker 2: You can't do that because you're not Taylor Swift. But what if you happen to sound like Taylor Swift and you upload something that you're not trying to pass it off as Taylor Swift, but you happen to sound like her. And the reason that comes up is because then there is this question. Well, obviously, if you are a person of notoriety, if you're famous, you own of course, you own the rights to your own image and likeness and all that, but what about your voice? And this is something that the Jenny and I had had quite a discussion about, we'll put it that way on the air on the show months ago because this had come up where Scarlett Johansson was suing somebody, I don't remember who.

31:45 Speaker 2: She was suing a company that was using what she claimed was an AI generated version of her voice because this company had approached her about being the voice of something, some app or something, and she said no, So instead they went ahead and had this app have what sounded like her voice. Now it wasn't her according to this company. It wasn't even an AI generated version of her.

32:09 Speaker 5: It was.

32:11 Speaker 2: Just another just a voice actress who sounded like her. But then you get into the question of see, it gets so complicated. Is the voice actress? Do they just happen to sound like Scarlett Johansson or are they intentionally doing an impression of Scarlett Johansson so that you think it's Scarlett Johansson. See again, it's easy to talk about the rights to your likeness to your image, but when we talk about the rights to your voice, what if somebody else happens to sound like you? Then it gets dicey.

32:42 Speaker 2: Right, So again I say all that to say is circling back to this. So Coca Cola is denying that they infringed upon the rights the voice rights of the estate of Johnny Cash. Okay, so we get back to the article. So it says here Cash has a state filed in the lawsuit and US District record in Nashville. In November of twenty five, a legend Coca Cola hired a tribute singer to record vocals for a commercial that started airing in August twenty twenty five. Okay, so if they hired it, now here's the thing again, This is another layer of where it gets complicated.

33:23 Speaker 3: Here if you are a tribute act. So, say.

33:29 Speaker 2: You are a Johnny Cash tribute artist, you go and you do shows, and you do the whole show as Johnny Cash.

33:36 Speaker 3: Right. This is not a new thing.

33:37 Speaker 2: Of course, lots of tribute acts, tribute bands. You know, Kiss is my favorite band, is like a million Kiss tribute bands out there.

33:44 Speaker 14: Right.

33:45 Speaker 2: If you do that, of course you're going to try to sound like that artist. Or who knows, maybe you naturally sound like that artist, and maybe that's the whole reason you got into doing a tribute to them, because you happen to have a voice similar to them. I mean, it's hard to believe anybody sounds like Johnny Cash, right, but it's certainly possible, so it says here.

34:01 Speaker 3: Coca Cola filed its.

34:02 Speaker 2: Answer on May eighth, denying that the ad infringed Cash's voice and denying the existence of an infringing ad. However, the company did acknowledge that the ad contained a male singing voice and that the company quote caused the advertisement to appear on television, some social media, and some online platforms.

34:30 Speaker 2: It says here quote the Coca Cola company admits that the advertisement appeared on ABC, NBC, FOX, FS one, BTN, TN, T ESPN, ESPN, two TBS, and True TV. The Coca Cola Company admits that the advertisement first aired during the twenty twenty five fall college football season. Unquote, So they're not acknowledging any you know that in any way infringed upon or was supposed to sound like Johnny Cash. I guess they're just deniging that. It'd be great if we can find the ad. I'd like to find the ad

35:06 Speaker 2: and see, you know, it's probably I'm sure it's on YouTube right, maybe I can find it quickly, Okay. The company also confirmed that the ad included imagery from the University of Michigan, the University of Notre Dame, the University of Southern California, Louisiana State University, and Ohio State University, schools with which it has or had commercial relationships. However, Coca Cola denied the estate's core allegations. Lawyers for the beverage Giants said, quote, the Coca Cola Company admits that the singing voice included in the advertisement is not the voice of Johnny Cash unquote.

35:41 Speaker 2: The company rejected the estate's claims that it used a sound alike singer in the ad.

35:46 Speaker 6: Quote.

35:47 Speaker 2: The Coca Cola Company denies the allegations embedded in the defined term sound alike singer. The Coca Cola Company admits that the singer appears to have a website that includes the quote language unquote, reads the filing. I don't understand what that last part means. Well, maybe it explains it here. That quoted language refers to an allegation from the Cash to state that the singer in question advertises himself via a website calling him quote the number one Johnny Cash Tribute Show. Oh so, based on where we've gotten so far, and there is more, but let's look at where we are now.

36:28 Speaker 2: And again, to remind everyone, I am not a legal expert of any kind. I have no legal background. I'm not an attorney. I just happen to find this stuff interesting. I do know a little bit about intellectual property and things of that nature, just because of my background and some of the work that I've done, but I'm far from an expert, so I am speaking as a layman here, and I would just say, so far, to me, this sounds a little bit damning. In other words, if Coca Cola is trying to play this off as we did not intentionally try to make this because it sounds like this is a roundabout way of saying, we didn't try to make this sound like Johnny Cash.

37:01 Speaker 2: We didn't try to fool anybody into thinking that this was Johnny Cash. We just what We just happened to hire a singer who advertises himself on his website as the number one Johnny Cash tribute show. But that doesn't mean that we're directly infringing. But again again, and I want to get a leak. You know, one of these days we got we have to get an attorney on the show because we have so many questions Jenny and I. When I say we, I mean Jenny and I both, because you know, these are things that we've discussed a lot on the show over the years.

37:30 Speaker 2: But again, is it is it considered infringement if it's someone who is doing an imitation and impression, like, what makes it an infringement? Is it just that they sound like Johnny Cash and people are fooled by it? Probably? Again, speaking as a layman, yeah, that's probably infringement. If you're intentionally trying to deceive people, then I would say yes. If you're not intentionally trying to deceive anyone and the singer in question just happens sound.

38:00 Speaker 3: Like Johnny Cash.

38:02 Speaker 2: Okay, but I'm kind of not buying it, especially when this dude again he plugs himself on his website as being the number one Johnny Cash tribute show.

38:14 Speaker 3: All right, let's see there's more to this again. This is from.

38:18 Speaker 2: Music Businessworldwide dot Com, again one of my favorite websites for music industry news. It says here the cash estate lawsuit invokes Tennessee's Elvis Act, enacted in March of twenty twenty four. Oh, by the way, there's something similar here in New Hampshire. And this is what Jenny has talked about because she was a part of it when she served in the New Hampshire State Legislature, the JD. Salinger Act. Salinger, of course, a very famous author who is from New Hampshire, and this very issue came up in terms of the use of his likeness for something and or his name for something, and so they passed they passed a similar act and Salinger is in the I don't remember the exact name of the law here in New Hampshire, but you would think there'd be federal l'mp sure there are federal laws about this, but obviously we have a patchwork of state laws as well when it comes to this.

39:07 Speaker 2: But they passed a law here in New Hampshire, the state legislature did when Jenny was serving about that. I think it might literally be called the JD. Sounder Act. I'm not sure, but it's about protecting someone's name and likeness from being used commercially in a way that the family does not approve of. So apparently Tennessee they have the Elvis Act. Okay, it protects likeness, voice and image rights. The law defines, Now this is important. The law defines voice as quote, a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation unquote.

39:46 Speaker 2: So according to the Elvis Act, if I'm reading that correctly, in Tennessee, you can't do a sound alike. You can't do a tribute and say, oh, that's fine. Certainly not if the estate of the person who's you know, you're imitating objects.

40:02 Speaker 3: It says here.

40:03 Speaker 2: The state also brought claims under the Tennessee Consumer Protection Act and the federal Landham Act Coca Cola denied liability on all three accounts. So according to according to the estate, this is in there. This is from their filing. Quote, the trust failed to take reasonable action to minimize any damage allegedly sustained as a result of the facts alleged in the complaint. Oh, I'm sorry. This is from This is from Coca Cola. This is their attorney's responding. I apologize, I got that backward.

40:39 Speaker 2: So this is their response. Coca Cola's response. Their attorney's response to the lawsuit. Quote, the trust failed. The trust, referring to the estate, failed to take responsibility responsible I'm sorry, reasonable action to minimize any damages allegedly sustained as a result of the facts alleged in the complaint, and is therefore barred from recovering any damages which might reasonably have avoided unquote. In its response, Coca Cola raised a number of grounds to dismiss all claims, including that the trust quote lacks standing to assert the rights underline its claims unquote, that the trust claims.

41:15 Speaker 3: Quote are barred in whole or in part by the.

41:17 Speaker 2: First Amendment unquote, and that the state law claims quote are barred in whole or in part because they are preempted by federal law unquote. That last part is particularly interesting to me. So in other words, they're saying, well, you can't use the Elvis Act because federal law supersedes it. And to that, I would say, well, does it really, Because if you know anything about this stuff, you know there are you know, there's the concept of federalism, that and the tenth Amendment. And we used to back when we used to do politics on this show, which we don't do anymore, not in the not in this iteration of the program here at WMNH, but we used to talk about that a lot.

41:56 Speaker 2: You know, states rights versus federal rights, and states will often enact laws and they would argue that you can do that under the tenth Amendment of the Constitution, an act laws that maybe do not comport with what the federal law is, and the theory that federal law always supersedes state law.

42:15 Speaker 3: But does it really?

42:18 Speaker 2: And you can kind of give examples of where it does and where it doesn't. You know, for example, when we talk about things like decriminalization and legalization of marijuana, will federal law says it's illegal, but individual states have legalized it, et cetera. So it's quite the rabbit hole that you can go down. But the argument that Coca Cola's legal team seems to be making, one of them, one of several, is that they can do this. If I'm reading this correctly, the First Amendment of the Constitution says they can do this.

42:48 Speaker 3: They're free to do this.

42:49 Speaker 2: So I guess in a roundabout way, they're claiming that the Elvis Act in Tennessee, under which Coca Cola is being sued, the grounds that they're violating that is unconstitutional. It violates the First Amendment. That seems to be the argument they're making. It says here the estate had earlier accused the company of entering into endorsement agreements with entertainers, musicians, and athletes quote to induce consumers to purchase its products unquote. Coca Cola acknowledged having endorsements, but denied the estates claim that it uses the endorsements to induce customers to buy its products.

43:28 Speaker 2: Okay, now, what I want to do very quickly if we can, and I, like I said, I didn't have a chance to pre read that before we went on the air, or I would have this ready. So I'm going to try to find this as quickly as I can. I want to find the ad. I want to actually hear the ad and see. Okay, Coca Cola Johnny Cash ad. I want to see if it actually does sound like Johnny Cash. Well I found from seventeen years ago, but uh, it's clearly not that one because Johnny Cash was still alive seventeen years ago.

44:07 Speaker 2: I don't know if I'm gonna be able to find it. See, it might not even be available on YouTube because if it was, the estate might have had it pulled Dowdy Cash Trust as file as lawsuit against See. I'm finding a lot of news stories about it, but I don't Yeah, I'm probably not gonna be able to find the actual ad. Yeah there's I'm finding ads that actually have Johnny Cash in them, but I don't think I'm seeing the actual Why do I keep seeing though? Hang on, let me see what this is. This is definitely it.

44:51 Speaker 2: Okay, I found it. Looks like there's more than one. Okay, this is definitely it. August twenty twenty five. Okay, let's listen to this.

45:00 Speaker 3: This is the ad.

45:01 Speaker 2: This is the ad that the estate is suing over and again. Let's listen to this while keeping in mind that, well, does it sound like Johnny Cash? And does it sound so much like Johnny Cash that a reasonable person would be fooled? And therefore the estate has a case because they clearly tried to pass this. They wanted people to think it was Johnny Casher or whatever.

45:25 Speaker 5: I mean.

45:26 Speaker 2: There's several allegations here, but let's listen to the actual ad. Let's see and again. Coca Cola quick disclaimer, they are not in any way associated with the program. They do not sponsor the show, They're not a sponsor of WM and H, none of that. This is not an endorsement of Coca cola, nor is it a condemnation of Coca Cola. We are simply for the sake of this discussion and analysis, we are going to play the ad.

45:50 Speaker 3: Here we go.

45:55 Speaker 6: Stand with fire and side. I won't s upseide.

46:06 Speaker 2: Hey, okay, we're halfway through the ad. We're at fourteen seconds. It's the thirty second ad. Can I just say this, I don't think it sounds like Johnny Cash. What do you all think? I'd be very curious to get some audience feedback on this. I don't think it sounds like Johnny Cash. Here's what I think it sounds like. I think it sounds like someone singing in a style similar to Johnny Cash. Like, you know, that's who this guy is, right, He claims on his website he's the world's greatest Johnny Cash impersonator of all time, in the entire universe, or however it was that he put it.

46:37 Speaker 2: But I don't think it actually sounds like Johnny Cash. I think it sounds like someone singing in the style of Johnny Cash. But it does not sound like Johnny Cash to me. Let's hear the rest of the ad. You'd be the judge.

46:50 Speaker 6: It kid'st the.

46:54 Speaker 3: Again passion, all right.

47:02 Speaker 2: Well, first of all, because of the effects of the crowd noise in the ads, it's almost hard to clearly hear the voice. But guys, you know, I started out thinking that Coca Cola was in the wrong here, but now I'm starting to think they're not. I don't think that sounds like Johnny Cash. I think this is a frivolous lawsuit. That does not sound like Johnny Cash. To me, that sounds like someone vaguely singing in a style like Johnny Cash, But I don't think that. Let's play just the beginning again, because in the beginning you can more clearly hear the voice.

47:31 Speaker 2: By the time you get to the end of the ad, there's all this crowd noise and the vocal track in the ad gets buried a little bit. Let's hear the beginning again.

47:45 Speaker 6: Now with fir inside this drum albums upside.

47:55 Speaker 2: Okay, if you had played this for me, this is just my opinion. If you had played this for me and you said to me, Matt, who does that sound like to you? I would probably say something like, m kind of reminds me of Johnny Cash. What I would not say is that's Johnny Cash. I might say it kind of reminds me of Johnny Cash, but reminds me of and sounds exactly like or is definitely trying to fool somebody. That's not the same thing. A lot of things sound like other things. A lot of artists sound like other artists.

48:29 Speaker 2: A lot of voices kind of remind you of other voices or are evocative of other things that you might hear. That's not the same thing as copying. And I guess what I'm saying is if to use the legal term. That's not the same as infringement.

48:42 Speaker 3: Let's see.

48:43 Speaker 2: Oh, our friend Charles Richardson is in the chat room and has some feedback on this. Let's see what Charles has to say. Of course, Charles.

48:48 Speaker 3: Richardson, host of The Charles Richardson Show.

48:51 Speaker 2: He says, also, Coca Cola denies having a certain drug that starts with coca included in their drink. Well, that's true. There's a story. I assume it's I assume it's true. It's often been told that Coca Cola originally the reason it's called that the original formulation of Coca Cola had caffeine, not caffeine. Of course it has caffeine. Uh, had cocaine in it. That's what I've always heard. Obviously it does not now, Charles said, but we know better. Charles also said, sounds like an average country style singer.

49:24 Speaker 3: Yes, thank you.

49:25 Speaker 2: Charles agrees with me. Yeah, that does not sound like Johnny Cash. So this is a money grab. That's Judge Connerton has ruled I don't have a gavel. I can slay my water bottle. Judge Connerton has ruled case dismissed. This is a money grab. It is a frivolous lawsuit by the estate of Johnny Cash. That does not sound like Johnny Cash in the commercial. I'm sorry that someone who happens to be a Johnny Cash tribute singer just you know, happens to sound a little bit like him in the ad.

49:53 Speaker 3: But that would not fool me. Now, maybe that does fool some.

49:57 Speaker 2: People, and maybe the lawyer for the estate are approaching it like, well, the average person is easily fooled.

50:05 Speaker 3: But come on, it didn't fool me.

50:09 Speaker 2: Okay, Uh that that clearly Like I said, if I'd heard that cold and you had said to me, and you had said to me, uh that, you know, Matt, who is this, I wouldn't say it was Johnny Cash. I would say it was I might say it was someone might say it was someone who reminded me of Johnny Cash. Or Charles pointed out, you know, might just remind you of uh, you know, your your average country singer with with some twang in his voice. Oh beepin Art is also in the chat room. He's a consistent supporter of the show.

50:44 Speaker 2: Hello be And of course Isaac Banks is in the chat room as well. Hi, Isaac, just want to say hello to our peeps. But uh, we are approaching the top of the hour, So what we're gonna do. We're gonna We're gonna move on from that. We'll keep an eye on that story though, going forward again these top of intellectual property and infringement and copyright and trademark and likeness likenesses of one's voice again as we move into the AI area, although this particular story turns out had nothing to do with AI directly, but these issues will continue to take center stage, so we will keep an eye on that.

51:16 Speaker 3: If you are just joining us, this is Matt Connorton Unleashed.

51:19 Speaker 2: We are live from the studios of wm and H ninety five point three FM and Glorious Manchester, New Hampshire. You can stream the show from anywhere and go to Matt connorton dot com, slash live, or our new website, Matt Connorton Unleashed dot com.

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51:35 Speaker 2: It's pretty sleek and sexy if I do say so myself. We're gonna take a break, show some love to our amazing sponsors when we come back. I just received a message. He is in the area. He is almost here. The Great Mike Laughlan is going to join us a live in studio. Can't wait to see Mike so talented and a great friend as well. But let's show some love to our sponsors who help pay the bills, and we'll see on the other side, were unleashed coming up, don't go anywhere.

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