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ivan@stellysee.de
| From | erhoek@comcast.net |
| Subject | buying the stairway |
| Date | Fri, 18 Jun 2004 02:58:17 +0000 |
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I have been out all day and just saw this so if someone else already responded I apologize.
I believe the song is actually called (I'll Build a) Stairway to Paradise by George Gershwin. No mention of bustles in hedgerows though.
-r
np on tv Freaks and Geeks dvd. I have been watching these with my son who is going to middleschool next year. He is approaching the upcoming school year with fear and trepidation after seeing these.
> The O'Jays have a song called "Stairway To Heavem", and there was one in the
> '30's as well...not counting Neil Sedaka's, "(I'll Build A) Stairway To
> Heaven", back in the late '50's, early '60's.
>
> bib
>
>
> ----- Original Message -----
> From: "Jaimie Vernon" <bullseyecanada@hotmail.com>
> To: <audities@smoe.org>
> Sent: Thursday, June 17, 2004 7:35 PM
> Subject: Re: Musical litigation question
>
>
> > At Date: Thu, 17 Jun 2004 13:55:14 Marty wrote:
> >
> > >I've heard that you can't copyright a title -- period. So this tale, as
> > >described, is a bit confusing.
> > >
> > >Marty
> > >
> > >---- audities@smoe.org wrote:
> > > >
> > > > Whilst on a Father's Day shopping mission, I picked up a little
> > >something
> > > > for myself, namely the 2004 release The Essential Jacksons, which
> covers
> > >the
> > > > Jackson 5 after they moved to Epic Records. One of the tracks on here
> > >is
> > > > "This Place Hotel". It was originally titled "Heartbreak Hotel", but
> > >the
> > > > band was sued by the writers of the Elvis Presley hit. So the title
> > >changed
> > > > -- but the song didn't -- Michael's still singing about Heartbreak
> > >Hotel.
> > > > I'm perplexed. First, how can a title be copyrighted, or at least one
> > >that
> > > > isn't that original (not like the song was called "Sun Zoom Spark",
> for
> > > > example). Second, what legal value is there in just changing the
> title
> > >-- I
> > > > suppose that there was some consumer confusion claim involved, but
> even
> > >that
> > > > seems weak, IMO.
> >
> > Well, it is true you can't copyright a title. But, a title that is a
> phrase
> > or a lyric, just like a corporate motto, can.
> >
> > Song titles that illicit lyrical imagery or are completely inseperable
> from
> > the lyric itself have a pretty good chance of standing up to a court of
> law.
> >
> > It usually comes down to, as Mike said, consumer awareness. If you
> surveyed
> > the general populace and said the words "Heartbreak Hotel" you'd be sure
> to
> > get at least a few people say 'Elvis Presley' or at least "since my baby
> > left me" as a reference point. The song and Elvis have been branded to one
> > another...that gives the authors of the song, Elvis's estate and probably
> > RCA Records a big leg to stand on when it comes to claiming ownership of
> > what's essentially a lyrical phrase.
> >
> > Similarly with songs like Stairway To Heaven and Hey Jude. Chances are
> real
> > good that you're not going to confuse these titles with any other song.
> >
> > Proof is flimsy here, but if you wanted to write a song called
> "Everybody's
> > Got Something To Hide Except Me And My Monkey" you'd be hard pressed to
> > prove that you weren't trying to steal a Beatles idea.
> >
> >
> > Jaimie Vernon,
> > President, Bullseye Records
> > http://www.bullseyecanada.com
> > Author, Canadian Pop Music Encyclopedia
> > http://www.canoe.ca/JamMusicPopEncycloPages
> >
> >
>
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