Speaker 1: W M A N H rips and doves who at
things like what's to welcome man? What side the ball?
Speaker 2: Sad do?
Speaker 1: What Dall said the sad storm sun sounds great, gosa s.
Speaker 2: And what y'll doing? Steep go sleep.
Speaker 3: Stoic side step, don't certain size?
Speaker 4: Say what's going in song? Seven sign jena O june
sign s.
Speaker 5: S s sign.
Speaker 1: What you say go along sing.
Speaker 6: Same names, just start and sign, don't say so, don't
to seven it Sorry we'll take.
Speaker 1: Went too farn yady, Sorry we.
Speaker 7: Did don't two seven side tenn do one side.
Speaker 8: You tube.
Speaker 1: Go to a stud want to say?
Speaker 6: Oh, don't let us say that because I say you.
Speaker 2: I don't know? I to thy.
Speaker 1: Sat the person.
Speaker 2: I feel just.
Speaker 1: Talking about the bobs you get the shows, sir?
Speaker 4: What you say?
Speaker 9: So you find sile. I'm trying to make the most
of the got you sure.
Speaker 1: Please got got away?
Speaker 8: Got s.
Speaker 1: Got say.
Speaker 5: Feeling?
Speaker 1: Just what are you doing?
Speaker 2: You?
Speaker 1: I know what I with my.
Speaker 8: Go to way.
Speaker 10: To get.
Speaker 1: Got got?
Speaker 5: Oh?
Speaker 11: That that is so cool? That is space Casino. We
played a couple of their tracks. These guys are let
me get Jenny's mike up here. If you are listening
live on Saturday. These guys are supposed to be joining us.
That's called get Away, a really really cool band from Boston,
but a little bit of a transportation issue this morning,
so we're hoping that they're able to call in, or
at least one of the guys is able to call in.
They're supposed to come up from Boston, but they've hit
a snag, a little problem, so Jenny's been trying to
work that out, so we might. Hopefully we're going to
hear from them at ten to fifteen. If not, we'll
move on. We have other things we can do, but
these things happen, but travel issues, and you know, that's
the way it goes.
Speaker 12: Sometimes. I hate to see anybody get stuck, but we will.
Speaker 11: If it gets to be ten to fifteen, you know,
we'll play one more track of theirs, and if we
don't hear from them, we might just have to reschedule.
I mean, we'll reschedule regardless, because I'm really interested in
meeting these guys. I love their sound. But we will
play one more song in a couple of minutes, and
then if we're not able to if they're not able
to get on the phone with us, then we'll just
we'll move on to something else, and then of course
we do have in the third hour today, Questing Beast
is coming back, which I'm really looking forward to. Love
Questing Beast and I love Waiting for Zee. That was
so much fun.
Speaker 5: Question Beast will be filling us in on the first
show of the year. Yes, Yes, excited to talk about that.
And you guys have got to go check out Terminus
if you've never been. It's really cool. I call it
like a tartist because you walk in and it seems kind.
Speaker 12: Of quaint, nice walking into a different world.
Speaker 5: And then as you explore inside, it gets bigger and
bigger and bigger, and Terminus is an incredible playing space. Yeah, absolutely,
super comfortable, really intimate. We got to watch Green Yellow there, yes,
which was so cool.
Speaker 12: Yeah. Well you you booked that you worked with Eleanor
to get that book and that was very cool. Yeah.
Speaker 5: The absolutely one of the coolest things I've ever been
asked to do.
Speaker 12: Yeah, yeah, absolutely.
Speaker 11: Oh, we were talking in the hallway, so Waiting for
z got done. And of course, you know, I went
to high school with Xander Xander Carlson and and I
may have actually worked with Scott at Strawberries in a
different story. We were talking and you know, there is
something familiar about him and and uh, so we may have.
We probably met at some point. We didn't work in
the same store, but I used to go help out
in the store that he worked at, so we probably
did meet at some point.
Speaker 12: I never thought would go away Strawberries.
Speaker 5: Strawberries was Spencer's.
Speaker 11: Well, they got bought out by trans World, which owns
f y E and f YE still exists, but so
it didn't really go away, but it just got gobbled up.
But that company had a lot of problems. But anyway, Yeah,
Xander was talking about in the hallway about uh, we're
talking a little bit about Kiss because Xander also a
huge Kiss fan. And back when I was working at
Strawberries and conquered Carnival of Souls, there was a bootleg
of a Kiss album called Carnival of Souls, and Carnival
had been delayed because they were making that album with
Bruce Click and Eric Singer, who were the non makeup
version of Kiss at that point. But as they were
in the studio making Carnival of Souls, Gene Simmons and
Paul Stanley were also in negotiations to reunite and put
the makeup back on with Ace Frehley and Peter Chris,
so Carnival of Souls was done, but it ended up
getting delayed because of the reunion tour with Uh in
full makeup with the original lineup of Kiss. So Carnival
ended up getting shelved. But because it was shelved, you know,
Kiss fans, you know, we tend to be pretty rabid
and we want to you know, if we know about something,
we want to hear it. So it ended up getting bootlegged.
Somehow it got out, and it was it was very
heavily bootlegged. And I was able to get my hands
on a bootleg copy of Carnival of Souls before it
was released and Uh, and so I had made a
copy for Xander and shared it around and eventually it
did come out. Eventually it came out and Uh, but
it came out two years after it was recorded. And
such a great album too, although very polarizing among Kiss fans,
but I love it and Xander loves it.
Speaker 5: What did you think about them holding it back?
Speaker 11: Well, I understood why they held it back. It wasn't
the band's decision, it was the record label's decision. But
from the point of the label, it didn't make sense
to put out this. They thought it would be confusing
to the marketplace. Okay, Kisses now reformed the original lineup.
They've done this reunion in full makeup. They do this
huge tour and everything. Oh and by the way, here's
this album without them in makeup with the previous lineup.
Speaker 5: Were there any theories on how it got leaked?
Speaker 12: No, who knows how this.
Speaker 11: I mean, it's usually somebody, somebody connected to you know,
the recording studio or whomever.
Speaker 12: I mean it. You know, it happens. It happens all
the time, or at least it used to happen all
the time.
Speaker 5: I don't know how much they got paid.
Speaker 11: I don't know if in the digital era it happens.
And the boot leg was missing one track. There was
one track that was not on the boot leg, and
it wasn't great. It wasn't great quality of the bootleg,
but it was good enough so you could really get
an idea of what it sounded like.
Speaker 13: And it was.
Speaker 12: Bruce Culick. No, Bruce Culick.
Speaker 11: Had sung, had done lead vocals on a song called
I Walk Alone, and it was the only time that
Bruce had ever done a lead vocal in Kiss, and
it was the last track on the album, and for
some reason that wasn't on the bootleg, But I just
remember listening to the bootleg and my jaw was on
the floor because it was so it was so good.
It's one of my favorite Kiss albums, but very polarizing
because what I noticed at the time was fans my
age and younger seemed to really like it, but older
fans who'd been with them from the beginning were confused
by it because it was very dark and heavy, like
to the point of it was kind of like it
sounded like a lot of people compared it to Alison Chains.
It was like it was like Kiss trying to sound
like Seattle, trying trying to fit in, which we now know,
based on a lot of things that have been written
and that we've learned about, it.
Speaker 12: Was exactly the idea Kiss was. Yeah, so that's what
they were doing.
Speaker 11: And so fans who don't like Carnival of Souls are like, oh,
it's it's just Kiss trying to be trying to sound
like Alison Chains.
Speaker 12: Who wants this?
Speaker 14: You know?
Speaker 11: That's not Kiss, whereas other fans like myself. I think
Carnival of Souls is absolutely brilliant. And at the time
when I listened to it, I wasn't like, oh, they're
trying to sound like Alison Chains. I was just like, Wow,
this is the heaviest and darkest Kiss has ever sounded,
and I really like it. It's I think it's a
fantastic album. Yeah, yeah, see now I like that.
Speaker 5: But you you and I both like the dark stuff too, though.
Speaker 2: Yeah.
Speaker 11: I mean I like all Versons, you know, I love
I love everything. They're my favorite band, so I love
everything they've done. I mean, not literally every song, but
I but you know, but whether it's yeah, whether it's
the grunge of Carnival of Souls or the metal of
Creatures of the Night, or the disco of a song
like I Was Made for Loving You, I appreciate all
eras and variations of the band.
Speaker 5: I never thought about that song as disco.
Speaker 11: But Carnival of Yeah, well it is. Yeah, but Carnival
of Souls is. I played a song for you once
from that album called Jungle, and you really liked it.
This was a long time ago, and they actually that
song actually has a minor hit on it.
Speaker 5: We do a lot of kiss songs that I had
never heard of before. Yeah, just because I'd never had
the opportunity. Yeah.
Speaker 11: Well, I also remember you telling me there were a
couple songs I played for you. You were like, oh,
I do know this song, I didn't know it was
kiss right.
Speaker 5: Yeah, that's true too. Yeah, but I think it identifying
things like that. I would never ever keep up with
you at the nine at nine on retro.
Speaker 11: Oh yeah, yeah, yeah ever. Yeah, this week's Retrospection Radio
was a repeat. But I think I think we're gonna
be back live with that next week. I assume that's
up to Paul, but that is my assumption. Oh but
one other thing though, I wanted to circle back because
you had mentioned off of the show your nails. Oh yeah,
and uh so Cheryl Krakowski is in the chat room
and she heard, she heard what you were saying, and she,
uh she said this, she said, just love you right back,
Jen coffee.
Speaker 15: Uh.
Speaker 11: So many choices dot com? And many is m I
oh M A N I. I guess as in manicure.
So it's so many, so many choices dot com? But
many is M I N M A N I.
Speaker 12: Sorry.
Speaker 11: Uh, that's the website so many choices dot com or
visit my link tree which is link tree slash Cheryl Krakowski. Uh,
we got to keep Jen looking her best, right, my
favorite person to spoil. Please support our obsession with Red Aspen.
Speaker 5: Yeah, no, I love it so. Red Aspen is a
company that's owned by women and was created as such,
and they they support These are like small businesses for
these ladies. And Cheryl has been in my life for
years now. And she's the one that actually got me
into playing with my nails, which was actually a fun
thing to do when I gave up wearing makeup because
of my eyes, So it was kind of fun to
transfer that desire into something unique. And uh yeah, and
now she's doing other stuff too with them. They do
other products, like I'm curious to find out about the
skin cleanser because it's doesn't have all the crappy ingredients
and poisons in it. It's cruelty for me, So I'm
really wanting to check that out. And I just love
her and she always sends me fun prizes. I always
get chocolate and my little bunny, I love my bunny.
She always sends me things that make me smile. And
make me happy. And isn't that wonderful to have in
a front Yeah?
Speaker 12: Oh absolutely no, that is that is excellent. We should
uh do we uh know anything?
Speaker 14: Uh?
Speaker 12: Definitive.
Speaker 5: We've got nothing, nothing, not a sound, not nothing.
Speaker 11: You know what I think I'm gonna do, just because
we were talking about it, I'm gonna play So I'm
gonna do something unusual. I'm gonna play a kiss song,
unusual for we don't usually do that on the show,
but because we usually just feature the artists whomever we're
featuring that week or previous artists, but just for people
who are curious. So that album, Carnival of Souls that
some people love, some kiss fans love, and some kiss
fans hate, very polarizing personally.
Speaker 14: I love it.
Speaker 12: I'm gonna play that song Jungle Jungle.
Speaker 11: Actually, So even though this album when it was eventually released,
it was kind of an afterthought in terms of promotion,
this album actually does have a minor hit single on it, Jungle,
despite the lack of promotion and despite it being confusion
being confusing because it wasn't the version of the band
that currently existed. When this album finally came out two
years after it was recorded. This track actually did pretty
well at radio. Radio gravitated to this so and it's
my favorite song on the album Carnival of Souls.
Speaker 12: So since we we're talking about it, what the hell,
we'll go ahead and play this.
Speaker 11: And then when we come back, Jenny and I, we've
got something else to talk about out that was in
the news and recently music industry news.
Speaker 12: I think we'll do that.
Speaker 11: We're talking about it in the car of the Miley
Cyrus Bruno Mars lawsuit and.
Speaker 12: Then in the third hour.
Speaker 11: If you are listening live on Saturday, Questing Beast is
going to be here with us in studio making their return.
Speaker 16: But yeah, check this out.
Speaker 11: And if you're not a Kiss fan, listen to this
with an open mind. You might not have heard this song,
and you might this might appeal to you. But this
is called jungle. This is from Carnival of Souls.
Speaker 17: Mm hmm, right, the CON's going down one time it
comes a line just waking up to take another knights,
No nothing left, we got a plack to hide.
Speaker 1: We'll take the final clapt it not.
Speaker 8: Stay the.
Speaker 5: Jo what times it is?
Speaker 16: Imbe for more than little.
Speaker 2: Years you get to fris A p so, so the
don so that the son take them to the lad.
Speaker 16: Just what's gonna coming up? I'm gonna coming But that
was ever.
Speaker 1: The gods call one said that so fundable son calling,
so well take them so on the soson.
Speaker 11: There you go, a little kiss for you On a
Saturday morning here on Matt Connorton Unleashed, we are live
from the studios of wm n H ninety five point
three FM in Glorious Manchester, New Hampshire. If you are
just joining us, of course, we did have a guest
scheduled for this hour, but unfortunately that did not work out,
so that is fine. But we did get into both
actually well, we talked about Kiss both on air and
off air, but having a conversation with the guys from
Waiting for Z who joined us here in the first
hour and they were phenomenal, and Xander and I were
kind of reminiscing in the hallway about a Kiss boot
leg and that led to me playing Jungle that track
on the air that's from a Carnival of Souls, which
came out in ninety seven, a couple of years after
it was recorded. We talked about the whole history of
that earlier. But if you are not a kiss fan,
that probably none of that probably matters to you, so
we will move on. We did have something else, by
the way, we do have questing beats coming up in
the third hour if you're listening live.
Speaker 12: But something else I wanted to talk about.
Speaker 11: And this has been going on for I don't know,
a couple of years now, I guess, but you know,
we do like to talk about these things that are
going on in the music industry.
Speaker 12: Sometimes there is controversy and lawsuits and things like that.
Speaker 11: We talk a lot about AI and the effects of
AI on music. But here's but this also kind of
relates to a subject that comes up not only on
this program, this particular news item, but also that comes
up on retro Spectrum Radio with Polly C. Of course,
if you don't know, I'm also Polly C's co host
on Friday nights on retro Spectrum Radio here at WMNH.
Speaker 12: And we've done a number.
Speaker 11: Of shows now that Paul put together on that show
where we talk about plagiarism and artists suing other artists
for plagiarism. In fact, we've done a couple of episodes
entirely dedicated to led Zeppelin, the most plagiaristic. Don't get
me wrong, I'm a fan, but the most plagiaristic band
and music history. They've they even stole a song. Not
only did they steal from a lot of blues artists,
they even stole a song from Joan Bias. Yeah, it's wild.
So you know, you can go back and check those out.
And by the way, so when we're on when we
do these shows on Retrospectrum Radio, you know, we'll all
kind of put our two cents in. Okay, is this
a plagiarism or or is this someone making a false accusation?
Is this particular song not plagiarized?
Speaker 15: You know?
Speaker 11: And I'm I'm the most lenient when it comes to that.
I'm usually the first one to say, not guilty. I
don't think this particular instance is an act of plagiarism
because I just I look at it as there are
certain chord progressions that are just very common throughout pop music,
and certain lyrical themes of course, and lyrical themes is
gonna that's gonna play a part in what we're about
to talk about this particular lawsuit and controversy. Certain lyrical
themes that are very common, you know, so, uh so
I'm I'm the least likely to say guilty. I think
that this person committed plagiarism. I mean, there's some instances
that are just undeniable, like like when led Zeppelin stole
all that music from those old blues artists, which they
have been sued for in some instances successfully, in some
instances not so much.
Speaker 12: But hm.
Speaker 11: But this one, the particular one, and this one we
have not talked about on Retrospectrum Radio because this is
something recent and we wouldn't on that show. We wouldn't
talk about something as recent as this. But some of
you may have heard, of course about the Miley cyrus
Her song Flowers being sued by not actually by Bruno
Mars directly, but by people who own a stake in
the Bruno Mars song When.
Speaker 12: I Was Your Man.
Speaker 11: And this one, this particular instance of someone claiming copyright infringement,
this particular one drives me nuts.
Speaker 12: This one is really a.
Speaker 11: Reach, in my opinion. What do you what do you think, Jenny,
do do you think this one's yeah, this one, this
one's a stretch. So this is frivolous, now, Jenny, Jenny
found something that will give us an update on what's
going on with this. But for those who don't know
about this, yeah, this is frivolous, all right. So this
is I've got an article here from Forbes that I
think is the best explainer of what the initial lawsuit
is about. Miley Cyrus tries uh tries getting suit that
claims Flowers copied a Bruno Mars song dismissed. So this
article is from last year, but it uh, and there
have been multiple attempts, by the way to get this
lawsuit thrown out. And I think it should be thrown
out because I think it's ridiculous. But you know, and
I'm not you know, I don't have any personal stake
in this.
Speaker 12: By the way.
Speaker 11: I'm not particularly a fan of either artist. I respect
them both tremendously, of course. Miley Cyrus is an incredible
singer and I certainly and Bruno Mars, you know, I
respect as a singer and a songwriter and whatnot. I'm
just neither of them have really put out anything that
I personally am that into. But but I do, uh,
but I respect them, of course. But here's so this
is the explainer from Forbes. Okay, attorney's representing singer Miley
Cyrus filed the motion in LA Federal Court to dismiss
a lawsuit claiming that her song Flowers lifts lyrics and
melodies from the twenty thirteen Bruno Mars song When I
Was Your Man, arguing the lawsuit should be tossed because
it only represents one of the songs for writers and
not Bruno Mars himself, So it's not Bruno Mars. Bruno
Mars is not the one bringing the lawsuit himself, but
it involves his song when I Was Your Man.
Speaker 5: When I Was Your Man? Is that what it's called.
Speaker 11: I'm so not a fan of I don't like the
song to begin with When I Was Your Man? Yet,
I don't like the song to begin with but anyway,
so here are some key facts. Cyrus's attorneys argue the
company that filed the lawsuit, Tempo Music Investments and investment
group that has acquired the rights to various artists catalogs,
does not have standing to sue because it only owns
a portion of the rights to the song. Temple Music
previously acquired the rights to songwriter Philip Lawrence's catalog, so
he's one of the writers of the song. Cyrus's attorneys
say the Copyright Act only permits quote a legal or
beneficial owner of an exclusive copyright unquote to sue for infringement. So,
in other words, they're saying that the people bringing the lawsuit,
they have not been harmed in any way, this doesn't
affect them, and so forth. I'm kind of skipping through
this because I want to get to the part where
it explains why the suit itself is silly. Okay, So,
Cyrus's attorneys claim the two songs have quote striking differences
in melody, chords, other musical elements and words unquote, stating
the plaintiff's claim the songs share quote musical building blocks unquote,
including some chords and pitches, would not be protected by
copyright law. So, in other words, Marie Cyrus's lawyers are saying,
the two songs are really different. So, you know it, again,
it's a reach to suggest that there's a claim here
of any kind is really a stretch, and we'll get
into a little bit more of that in a moment, but.
Speaker 12: Okay.
Speaker 11: Forbes has reached out to Cyrus's lawyers and Tempo Music
Investments for comment. Tempo Music Investments sued Cyrus, as well
as companies that says distributed the song Flowers, including Sony Music, Apple, Target,
and Walmart, alleging copyright in infringement. The lawsuit alleged the
song Flowers would not exist without the exploitation of Mars's
song um quote. Any fan of Bruno Mars's song When
I Was Your Man knows that my Resyrus's Flowers did
not achieve all of that success on its own unquote.
The lawsuit states, alleging that Flowers lifts quote numerous melodic,
harmonic and lyrical elements of When I Was Your Man unquote.
So here's the heart of the matter. The chorus of
Flowers does appear to lift some of these statements. In
the chorus of When I Was Your Man. In Flowers
an Ode to Independence, Cyrus sings, quote, I can buy
myself flowers, write my name in the sand, talk to
myself for hours, say things you don't understand. I can
take myself dancing, I can hold my own hand unquote.
In the Bruno Mars song about a man expressing regret
for failing to treat his lover well, he sings quote,
I should have bought you flowers and held your hand.
Should have gave you all my hours when I had
the chance take you to every party because all you
wanted to do was dance unquote. Now let me just
stop here for a moment. Obviously, Yes, the song, the
lyrics of the song that I mean, you could make
this argument. The lyrics of the song Flowers by Miley
Cyrus do seem to be what I would say.
Speaker 12: And we talked about this in the car.
Speaker 11: It's a direct response to the Bruno Mars song. Yes,
that's not copyright infringement. That is referencing somebody else's creative work,
referring to it. That's not the same thing as lifting
elements from it.
Speaker 5: If this is allowed to if if this case prevails,
it changes everything. You can't talk about anybody anymore. You
can't say anybody else's name.
Speaker 11: Maybe you can't write. Maybe you can't write songs about
flowers because because Bruno Mars had a song that mentioned flowers.
Speaker 5: Artists mentioned each other in songs all the time, you know,
and play off of each other, sometimes good, sometimes bad.
Speaker 12: Yeah, there's you know, like there's tons of other rappers.
Well yeah, of course, so all.
Speaker 5: Rappers will get Dude, who listed another rapper in their song,
because that happens a lot.
Speaker 12: There's tons of examples of this in pop history.
Speaker 11: You know, I don't think you know when when Leonard
Skinnyard mentions in Sweet Home, Alabama. You know, I hope
Neil Neil Young will remember the Southern Man don't need
him around anyhow, you know, A direct response to Neil
Young song Southern Man, Neil Young didn't sue them, say, oh,
they they referenced my song. I'm gonna sue them, you know,
I mean, and now a very direct response that was
that was clear and unambiguous. Granted it was a they
had a rivalry, but it was a friendly rivalry that
there was a lot of mutual respect. But but but
but but that's or or when uh in Surrender? When
uh a cheap trick?
Speaker 12: They actually mentioned kiss by name, you know, in the
song surrender.
Speaker 5: But well, like we were talking in the car. Tori
Amos and Trent Wesner have referenced each other in various
ways in seeing each other's song lyrics and or topics.
There's a one of Tory's songs mentions nine inch Nails,
but it's it's it's in, It's in reverence of one another.
It's not even it's nothing bad. But one of the
caveats about this case that I want to point out
is that the person that is suing bought this half
of the song as part of a catalog package. They
weren't even in the picture when the song was created.
They had nothing to do with.
Speaker 12: It right to do it? Well, that's right.
Speaker 5: They're not a co writer, writ nobody. They bought the catalogs,
so now they own half the rights of this song,
and they're looking for a quick, get rich quick scheme.
It's scammy use of the chords. It's totally frivolous, and
it should be thrown out with prejudice. In my opinion,
I thought that's not what happened.
Speaker 12: Yeah, it also says here.
Speaker 11: Cyrus released Flowers in January twenty twenty three, and it
became one of the year's biggest hits. Flowers has been
streamed more than two billion times on Spotify and won
Cyrus two Grammy Awards for Record of the Year and
Best Pop Solo Performance. When Cyrus released Flowers, fans noticed
the similarities between the two songs, even causing When I
Was Your Man to rise in.
Speaker 12: Streams Billboard reported.
Speaker 5: So it made the money, made the song more.
Speaker 11: I actually made the song more. It made the song
it refers to more pot And When I Was Your
Man was already a huge hit. I just know that
because I just remember hearing it a lot. But yeah,
so it actually helped. It actually helped give When I
Was Your Man a boost. So so again it's this,
you know, this is all very silly. Let's see Billboard. Okay,
Vanderbilt Law School again. This is from the Forbes article.
Vanderbilt Law School music law professor Joseph Fishman told Billboard
Cyrus should not need to credit Mars and the other
When I Was Your Man songwriters, despite the similar lyrics.
Even if the chorus of Flowers is deliberately a response
to Mars's song, because it does not appear to sample
or interpolate the song's melodies. Quote using one song to
issue a retort to an earlier song is not, by
itself infringement. John Mayer and Taylor Swift don't need to
cross license everything when they write songs at each other.
When I Was Your Man peaked at number one on
the Billboard Hot one hundred and twenty thirteen and earned
Mars a Grammy nomination.
Speaker 12: So that's.
Speaker 11: That's where we are with with So that's what the
suit is over and by the way, so the songs
themselves don't sound anything alike. I will just pull up
uh you know what, I'll play each of these just
like to the chorus so you can hear. Oh maybe
I can even find well, sorry, let me turn your
mic back on.
Speaker 12: What's that?
Speaker 5: They're not similar? No, they're not similar. The only similarity
is the mutual reference, you know. Right, he's singing, I'm
gonna buy I should have bought you flowers. She's singing,
I can buy myself flowers. It's just a woman's response. Yeah,
and I think it's a great response. I think it's
a great song.
Speaker 12: Yeah, in that regard.
Speaker 5: In that regard, right, does it matter? But this lawsuit
is just somebody trying to get with you. Oh yeah,
off of other people's work.
Speaker 12: I found something here on YouTube that kind of compares
that kind of compares them. What's up?
Speaker 11: Let me play this just just for for anyone who uh,
you know, if you don't know the songs, and then
you can make your own judgment here.
Speaker 12: But this is this is short, but it's a short
dot comparison.
Speaker 5: To your too to relad we were good.
Speaker 15: We were good kind of dream that can't be so
we were right until we weren't build a home and.
Speaker 1: Wash it burns.
Speaker 5: I should have bought your flowers.
Speaker 18: Dug and bomus of flowers, roll my name and sing, shout.
Speaker 5: A gig of armor.
Speaker 18: With the heads and again, oh mynya.
Speaker 5: Yeah, I can love me better.
Speaker 15: You can't let me take it, everybody because you don't
want her to.
Speaker 1: Do with us. I can take myself, Patsy, I'm not again.
Speaker 5: She stars with another move.
Speaker 13: I didn't want to leave.
Speaker 18: I didn't want to lie, so ied God.
Speaker 15: But remember, yeah, I can love me bitter, And yeah,
I can love me bitter.
Speaker 5: You can't.
Speaker 1: With you, I can.
Speaker 11: Okay, So there you go. There's a comparison, a side
by side, the comparison to some of the parts of
each song. Yeah, completely different. I mean again, one is
referencing the other, but they're they're very different. They're they're
different in vibe and style.
Speaker 5: If you can sue from a reference like that, then
everything about music changes.
Speaker 12: Yeah, in every genre.
Speaker 5: Well it's like it's it's just too much. Well, it's
like the the well, you have a sentence like that's
similar to my sentence, So now I can sue you.
Speaker 12: Yeah, yeah, that's uh.
Speaker 11: And again you could say the melodies, the melodies are
vaguely similar, but again there are certain there are just
certain chord progressions and melodies as well as lyrical themes
that are just they're really common. And you know a
great example of that. And and Tom Petty, I think,
had the right a attitude about this. If you're you
know the song Danny California by the Chili Peppers, not
Chili Peppers, that's my favorite Chili Pepper song. I always
love that song. But when that song came out, people
noticed something about it. The not in the verses, but
the chorus is exactly the same as Last Dance with
Mary Jane. Oh no, I'm sorry, not the chorus, the verses.
I have it backward. The verses are the same as
Last Dance with Mary Jane by Tom Petty. Yeah, it's
the exact same chord progression. It's even the same tempo,
Like you could graft one onto the other. It's exactly
the same. And somebody asked Tom Petty in an interview, Uh,
some I think it was a radio DJ asked him,
or might have been in Rolling Stone, but somebody asked
him because people were noticing this, you know, are you
are you upset with the Chili Peppers?
Speaker 12: I don't know you.
Speaker 11: Are you gonna sue them for stealing your song or
something like that? And he said his response, which I
thought was perfect, he said, well, if they stole it,
they didn't steal it from me. They stole it from
who from whoever I stole it from, because that chord
progression is just very common. It's it's not it's not
an original courd.
Speaker 19: You know.
Speaker 11: He's like, I didn't write that chord progression. Somebody somebody did.
I don't know who, but I heard it somewhere. Well yeah,
And and he was right. He was right to say
that it's a very common chord progression. So so that
so he had the right attitude about it. But what
I'm also thinking about, too is who's the guy oh,
I forget his name now, British guy with red hair.
He's got a bunch of hits ed Oh ed Sharon
when they tried to sue Ed Sharon, claiming what's the
name of that song? I'll be loving you? I don't know,
the actual name is there, I'll Be Loving You when
We're seventy or something, and I hate that song. But
but they tried to sue him, saying that because it
had a similar vibe to Let's Get.
Speaker 12: It On by Marvin Gay.
Speaker 11: Oh yeah, yeah, yeah, it was you know, in terms
of the production of the song, it sounded similar to
Let's get It On. And but he's been sued a
few times too, and he never backs down to his credit,
you know, he never settles, because again that's a that's
another example of a very frivolous lawsuit. It's like, okay,
you can sue somebody because the vibe of the production.
Speaker 12: Style of their song is similar. Wow, like that the
can of worms that would open up.
Speaker 5: So it's not right they walk away with money.
Speaker 12: Yeah, so so it's not right.
Speaker 11: By the way, I think, while we're at it, I
think it would be interesting I want to see just
quickly example of examples of songs that reference other songs,
because again, what we're talking about with the Bruno Mars
Miley Cyrus thing is, you know, we gave some examples before,
like Cheap Trick referencing kiss or Leonard Skinnard referencing Neil Young.
Let's see, I just did a quick search. So here's
some more examples. It's My Life by bon Jovie references
Frank Sinatra's My Way, Yes Absolutely, thunder Road by Bruce
Springsteen mentions Roy Orbison, Come Together by The Beatles, uses
lyrics from Chuck berrys you Can't Catch Me. See if
I can find some more examples here. I think this
is so anyway, this is very very common. Let's see
songs that reference other songs. I'm trying to find, like
like one list that's all in one place, songs I
mentioned other songs.
Speaker 5: Oh, there's a lot of songs that mentioned other people's names,
and the list is never ending.
Speaker 11: Tom Petty's Running Down a Dream mentions the Dell Shannon
song little Runaway, Runaway. Yeah, there's there's a there's a
bunch of different lists here. I was looking for one
definitive list, but that's okay. Well we'll leave that part alone.
But anyway, there's there are many examples. Oh wait a minute,
I might have found something here. There's some artists here
who are more obscure, like Nick Lowe. I mean, you know,
people who are really into indie music. No Nick Lowe.
He has a song called All Men Are Liars, which
apparently directly references Rick Astley's Never Going to Give You Up.
That one's kind of interesting.
Speaker 12: Yeah, that is. It's funny. That is funny.
Speaker 11: But yeah, so I hope. So the latest on that
you had the story? The update, There was an update
from just a few days ago.
Speaker 12: Let me see if I can.
Speaker 11: Yeah, the basic gist of it is that they're still
trying to get it thrown out.
Speaker 5: Well they had tried, Yes, they were trying to get
it thrown out, but it was denied. Yeah, it was
trying to get a toss it was denied.
Speaker 12: Yeah, it's from Fox Business.
Speaker 9: Has this.
Speaker 11: Judge denies Miley Cyrus's attempt to dismiss lawsuit comparing Flowers
to Bruno Mars song. Temple Music and Miley Cyrus in
September sued Miley Cyrus in September for similarities between the songs.
Says here, a judge denied Cyrus's attempt to throw out
copyright lawsuit against a pop star. Temple Music Investments lawsuit
against Cyrus alleging similarities between her Grammy winning song Flowers
and Bruno Mars is when I was your man.
Speaker 12: We'll move forward.
Speaker 11: After Judge Dan D. Pregeron Pregerson rather denied her request. Tuesday,
Business can confirm Tempo Music acquired the rights to the
song after buying the catalog of Philip Lawrence, a co
author of the song. By the way, Yeah, and it
just goes on basically this. Uh, this dismissal failed. But
I'm wondering too this. I didn't think to look at
this for until now. Bruno Mars has Bruno Mars commented
on this. Bruno Mars himself. Let's see, Brun I didn't
Tha doesn't look like he has Kenny can he say anything?
Speaker 12: Well, maybe not, maybe it's better.
Speaker 11: Oh you know what, I don't think he actually has
a writing credit on it, so he yeah, so so
it actually doesn't involve him in a sense.
Speaker 5: But they're just using his name because he sings the song.
Everybody knows it. So now everybody thinks he's suing.
Speaker 12: Yeah, and that's not the case.
Speaker 11: Now there's an article here also, this is from Billboard,
but this is twenty twenty three. This was before the
lawsuit started. This is called why Miley Cyrus Flowers doesn't
need to credit Bruno Mars yeah, that's a large, long
article though we don't have time. But anyway, Yeah, so
we're in agreement. I think right that this this lawsuit is.
Speaker 5: Silly and it's a get rich quick scheme.
Speaker 11: So frivolous lawsuit should be dismissed.
Speaker 5: Should be totally dismissed with prejudice.
Speaker 12: And we will keep an eye on it going forward.
Speaker 11: But if you are listening live on Saturday, we have
Questing Beasts coming up next there in the building, I presume. Yeah, yeah,
really looking forward to speaking with them. They have a
great sound and they've got a big show coming up
this Sunday at Terminus Underground in Nashua. So we're going
to talk with them, uh in just a couple of moments.
But we are nearing the top of the hour. We're
gonna go ahead and show some love to our amazing sponsors,
and hour number three, Matt Ponderton Unleashed is coming up.
Don't go anywhere.
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