Should’ve went with the chicken parm, assholes. It starts with picking quesadillas, and it ends with them singing a cover version of their old songs at some spoiled brats bat mitzvah. What kind of stupid peice of shit, when given the chance of a free meal, picks a quesadilla? You’re a world famous rockstar, and you’re eating quesadilla’s like some type of Taco Bell addict? This, and only this, is the reason Nickelback will never make it anywhere in life. The next lyric is the dumbest lyric in the history of recorded music. At one point, at around the 2:00 mark, he talks about signing autographs so he can eat his meals for free. Throughout the entire song the lead singer documents everything he would do if he were rich and famous. The song “Rockstar” is about a guy or a band who dreams of being a rockstar(s). I do, however, have a problem with a lyric from one of their hit songs. I don’t think they’re anything special but I’m not a rabid anti-fan who prays to the devil hoping for their demise. The judge concluded “The court has conducted a side-by-side examination of the works, carefully listening to and considering all versions of the songs or record… As an ‘ordinary listener’, the court concludes that a layman would not consider the songs or even their ‘hooks’ to be strikingly similar.Before I get started, I want to make something perfectly clear: I don’t hate Nickelback. If a plaintiff cannot prove access then he or she would have to prove that the two songs were “strikingly similar”, a much higher standard than if one can prove access. The judge held that the plaintiff failed to provide evidence that Nickelback had ever heard his song. Judge Pitman ruled that the plaintiff had failed to prove that Nickelback had “access” to his song which is a requirement in a typical copyright infringement case. Judge Pitman agreed with the magistrate judge who held that Johnston’s contention that Nickelback had access to the song via third parties was “purely speculative.” The judge referred to 17 other songs that had similar themes about rock stars, such as the 1966 hit by the Byrds “So You Want to Be a Rock and Roll star” or Poison’s 2001 song “Rockstar.” Im gonna trade this life For fortune and fame Id even cut my hair And change my name Cause we all just wanna be big rockstars And live in hilltop houses, drivin fifteen cars The girls come easy and the drugs come cheap Well all stay skinny cause we just wont eat And well hang out in the coolest bars In the VIP with the movie stars Every. Judge Pitman ruled that the only real similarities were basic clichés “outlandish stereotypes and images associated with being a huge, famous rock star” that do not belong to any songwriter. “This includes, for example, any suggestion that the two baseball analogies in Nickelback’s work are evidence that the band copied Johnston’s lyrics ‘might buy the Cowboys’ professional football team simply because both are ‘references to sports’”. However, Judge Pitman held that after reviewing the subject lyrics, that contention at times “borders on the absurd.” The judge noted: Lead singer Kirk Johnson of Snowblind Revival claimed the songs had many similar lyrics about making lots of money, lifestyles of rock stars and having well known friends. Judge Pitman held the songs just do not sound similar, ruling that “Simply stated, they do not sound alike…Where both songs evoke similar themes, they are rendered dissimilar through the vivid detail of the original expression in Nickelback’s lyrics.” Judge Robert Pitman of the US District Court agreed and dismissed the case. In this case Magistrate Judge Susan Hightower recommended that the lawsuit be dismissed with prejudice. He claimed the Nickelback song had misappropriated substantial portions of his song, including the “tempo, song form, melodic structure, harmonic structures and lyrical themes.”įederal magistrate judges handle certain matters for district court judges. The lead singer of Snowblind Revival, Kirk Johnson, wrote the song. The lawsuit asserted that Nickelback copied its 2005 hit “Rockstar” from an earlier 2001 tune similarly entitled “Rock Star” by a Texas group called Snowblind Revival. In the never ending torrent of copyright cases involving the music industry, a judge recently dismissed a claim filed against Canadian rock band Nickelback and their music publisher, Warner Chappell Music Inc.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |