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ivan@stellysee.de
| From | "Ron Katcher" <ronkatcher@hotmail.com> |
| Subject | Re: FW: Statement from Avril Lavigne's Manager In Regards Pending Lawsuit |
| Date | Mon, 9 Jul 2007 14:43:20 -0400 |
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Yes, Steve, I am a lawyer. When I re-read my post just now, I realized how
"lawyerly" it sounds. Sorry about that; it is an occupational hazard. My
wife is an attorney as well, and you should see how quickly our
disagreements turn into cross-examinations!
----- Original Message -----
From: "Steve Alter" <shteevea@yahoo.com>
To: <audities@smoe.org>
Sent: Monday, July 09, 2007 1:35 PM
Subject: Re: FW: Statement from Avril Lavigne's Manager In Regards Pending
Lawsuit
> Are you a lawyer, or did you sleep in a Holiday Inn Express last night?
> ;-)
>
> Ron Katcher <ronkatcher@hotmail.com> wrote: Histrionics aside, I think
> the only statements from an artist in a copyright
> infringement case that would be relevant would be those that have some
> bearing on how the alleged infringer might have had access to the
> underlying
> material and whether the subject use/copying was or was not authorized by
> the rights holder. Whether the Rubinoos THINK Avril (or for that matter,
> the
> Raspberries, the Beatles or anybody else) ripped them off is really beside
> the point.
>
> In the end, settlement is (or at least should be) a reasoned business
> decision insomuch as the settlement value should make sense when weighed
> against the cost of defending the claim and the risk of a larger award.
> Avril and/or her management may be pissed off now, but in the end, cooler
> minds will prevail. If it made sense to pay $X to settle the case on July
> 3, it will likely still make sense to pay $X on July 9-- barring some
> significant development.
>
> To my ear, I do not think the songs are similar enough to warrant a
> verdict
> in favor of the Rubinoos. The chorus is clearly derivative of other works
> and I think a song can pay "tribute" to another work without infringing
> upon
> it. The fact that one refers to "boyfriend" and the other refers to
> "girlfriend" is not, in my mind, determinative and for me at least, begs
> the
> question of whether this claim would even have been filed (or if the
> Rubinoos would have much cared) if the chorus were, say, "Hey, hey, you,
> you, I'm a mechanic."
>
> Ron K.
>
> ----- Original Message -----
> From: "Steve Alter"
> To:
> Sent: Monday, July 09, 2007 12:09 PM
> Subject: Re: FW: Statement from Avril Lavigne's Manager In Regards Pending
> Lawsuit
>
>
>> Well, judges don't tend to have great senses of humor, either; that post
>> may bite them in the ass when they have a musicologist comb through the
>> Rubinoos catalog, which is full of references -- some intentional, some
>> less so -- to many other songs and artists.
>>
>> I'd say an out-of-court settlement just walked away, and Nettwerk's gonna
>> play smash mouth ball here.
>>
>> Will Harris wrote:
>> Clearly, Terry McBride has no sense of humor, based on his below comment
>> about the "issue" he thinks the Rubinoos have with the Beatles.
>>
>>
>>
>> _____
>>
>> From: Sheri.Ladner@sonybmg.com [mailto:Sheri.Ladner@sonybmg.com]
>> Sent: Monday, July 09, 2007 11:44 AM
>> To: NonStopPop@cox.net
>> Subject: Statement from Avril Lavigne's Manager In Regards Pending
>> Lawsuit
>>
>>
>>
>> IMMEDIATE RELEASE
>>
>> July 9, 2007
>>
>> Below is a statement from Avril Lavigne's manager, Terry McBride in
>> regards
>> to the pending lawsuit against her. Avril's response can be found at
>> www.avrillavigne.com
>>
>>
>> Dear Media
>>
>> I have read the following quote from Tommy Dunbar of the Rubinoos.
>>
>> "While it's true that we filed suit some time ago, we hesitated to go
>> public
>> to save Avril and her handlers any embarrassment," Tommy Dunbar said. "We
>> learned over the July 4th holiday that her management and spin doctors
>> have
>> apparently decided to preempt things with their revelation of the
>> lawsuit."
>>
>> This is simply a lie. I challenge them to provide one iota of proof to
>> back
>> up this claim. We did not say a word about the suit out of respect for
>> the
>> dialog that was ongoing. The numerous phone calls from the media seeking
>> comment on the suit started on July 4th. We were blind sided and simply
>> responded.
>>
>> We also find it ironic that in the Suit they named Apple as a defendant,
>> what a great way of getting it out there to the media.
>>
>> On the topic of Apple, it seems like the Rubinoos have an issue with the
>> Beatles among other great bands. This quote is directly from the Rubinoos
>> Myspace page "Bands that have ripped us blind: the Rasberries, The Beach
>> Boys, The Beatles"
>>
>> As we have clearly stated, upon the expert opinion of one of the
>> country's
>> foremost musicologists, there is no basis for this claim
>>
>>
>> Best Regards,
>>
>> Terry McBride
>>
>> C.E.O. Nettwerk Music Group
>>
>>
>> Contact information:
>> Mika El-Baz
>> Sr. VP of Publicity, RCA Music Group
>> Ph: 646.840.5670
>> mika.el-baz@sonybmg.com
>>
>>
>>
>>
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