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Avril vs Rubinoos.....


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Isn't that whole thing a mess? As soon as I heard "Girlfriend," I knew that whomever wrote that for her was appropriating from The Rubinoos.

I was all indignant about it until I realized, "Hey, that Rubinoos song appropriated the Rolling Stones in the first place, and the normally litigious Stones didn't beat up on them . . . oy vey . . ."

Once in a while, when I remember that I have a law degree, I put on my thinking cap, and I try to make different arguments for each instance, but it's difficult.

If I defend the Rubinoos song as a "parody" in exception to the Copywright Act, then how do I not advance the same defense to Avril simply because I think she's a prefab poseur who sucks? Conversely, if I make Avril pay royalties to The Rubinoos in my hypothetical, then I very well can't keep those obscure "Little Guys" in The Rubinoos from being pounded to death by the Rolling Stones' infamously monolithic legal team, can I?

It's a blurry line between parody/homage and appropriation. The 'berries injected "Please Please Me" into their first single, and I liked it. E.C. constructed "I Don't Know What I want" out of parts of "Won't Get Fooled Again" and "We're Not Gonna Take It," and I thought it was cool.

On the other hand, I suspect that, merely because I don't like Avril, I can't get over the temptation to re-interpret the law as against her.

What's the distinction? You only need a "Modicum of Creativity," and have that work be "original to the creator" to hold a teneble copywright. At what point does a song slip past the protections of derivative tribute or parody and slip into theft?

No matter what, it seems a shame that Federal Court can't rule against sucky artists because they suck hahaspin

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Ooooh, I thought of smoething else. Thinking about both the Raspberries, and the "Parody" and "Derivative Work" exceptions to the copywritght act, my thoughts turned to Candy.

You know, you can laugh at Devo's Dev 2.0 project, but didn't the Raspberries do the same thing 20 years before with Candy? If Candy hadn't been groomed with the 'berries (at least tacit, because no one stopped Ienner and Wally from making the band a "project") blessing, could the latter have gone after the former for, not only possible infringements in the songs, but also copying The Raspberries' "Trade Dress?"

I dunno, I think that I thunk too much about this, Tawkamongstyaselves. I'm Fehrklempft.

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