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From "Judy B" <HeyJude@socal.rr.com>
Subject Re: buying the stairway
Date Thu, 17 Jun 2004 20:03:56 -0700

[Part 1 text/plain Windows-1252 (4.2 kilobytes)] (View Text in a separate window)

Speaking of Freaks and Geeks, I have been watching the DVD's with my son,
too.  He watched it originally when it was on TV.  I had never seen it and I
am thoroughly enjoying the episodes.  It's so funny and I can certainly
relate to what's going on.  I think anyone could.....We have one more to go
and we'll be done.  I will be sorry to see it end.  I love it.  I wish there
had been more seasons than just the one!  I would highly recommend it, too!

HeyJude (Judy)
www.superoldies.com
www.topshelfoldies.com
for the best in obscure '50s and '60s music

----- Original Message ----- 
From: <erhoek@comcast.net>
To: <audities@smoe.org>
Sent: Thursday, June 17, 2004 7:58 PM
Subject: buying the stairway


> 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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