# Lets sue because you play our songs better. **URL:** \ **Category:** The BBQ Pit\ **Created:** [November 24, 2007, 11:41am UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597 "2007-11-24T11:41:05Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [November 24, 2007, 11:41am UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/1 "2007-11-24T11:41:05Z")
> **[News](https://www.cnet.com/news/)** > > Our experts highlight the events shaping tomorrow. > [@news.com](#): > > **The band isn’t claiming Activision infringed on its copyright of the song** ; indeed the game publisher had permission to use a cover version of the song. However, that cover version was too good, and **The Romantics sued, claiming that game publisher infringed the group’s right to its own image and likeness** , the band’s lawyers told the newspaper. > > “It’s a very good imitation, and that’s our objection,” William Horton told the paper. “Even the guys in the band said, ‘Wow, that’s not us, but it sure sounds like us.’” I sincerely hope a judge smacks the members of The Romantics and their lawyer upside the head with this bullshit. If your songs are easy enough to play, and you get owned because they do it equally as well, or better even–and with your fucking permission no less, that just means you are the suxxors. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [November 24, 2007, 11:56am UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/2 "2007-11-24T11:56:14Z")
I don’t think they’re mad that the cover is “good” it’s that the cover sounds exactly like the original. So, rather than paying to use the original song, they get permission to use a cover and produce an exact imitation of the original song. I can see being pissed about that. I don’t think it’s necessarily all that difficult (especially with digital processing) to get some qualified professional musicians to replicate a rock song that someone else went through the trouble to write and popularize. ---
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [November 24, 2007, 12:10pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/3 "2007-11-24T12:10:37Z")
Ok, I’ll give ya that. But where does it say that when cover songs are done, that they must be subpar to the original? ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 12:38pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/4 "2007-11-24T12:38:02Z")
The hell? Sometimes covers are better than the original. I remember a couple years ago hearing a song by Celine Dion that I liked a lot. The title, it turned out, was “I Drove All Night”. Loved it. Wanted it. Begged my Ipod and Ianythingmusicrelated friend to send it to me. She did, but also informed me that Cyndi Lauper recorded it first. Who cares? I loathe Cyndi Lauper. Celine ruled that song and I will stand by that to my dying day. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [November 24, 2007, 12:51pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/5 "2007-11-24T12:51:27Z")
They may not have a winnable case, my point was that they have a legitimate gripe. I think this concept starts down the road of defining “copy”. Clearly if I write a book by hand, that is deliberately word by word identical to a published work, I’ve copied it. If I record a song that is deliberately note by note, nuance by nuance, identical to the original recording, have I not copied that as well? ---
**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\ **Post date:** [November 24, 2007, 12:51pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/6 "2007-11-24T12:51:57Z")
A few years ago, some car company approached Bette Midler about using one of her songs in an ad. When she declined, they hired an imitator who was so good, Midler thought it was her own voice when she first heard the ad. So she sued the company. I’ve always wondered about the legalities of that. I know that you can copyright trademarks, but can celebrities really sue people who sound (or look) like they do? ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [November 24, 2007, 12:53pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/7 "2007-11-24T12:53:23Z")
I agree with **Parental Advisory**. As long as Activision paid a license fee to cover the song, and particularly, if as is customary, there is a disclaimer that the song is not performed by the original artist, then what is the harm to the Romantics? I would compare this to a karaoke cover of a song. The customer prefers one that sounds as good as the original. As long as there is no untruthful representation made by the publisher that it is the original performance, wouldn’t the band have an interest in the cover version being as faithful to the original recording as possible? If the cover recording was a crappy piece of shit instead, wouldn’t that do further harm to their image? ---
**Author:** ![An\_Arky](https://avatars.discourse-cdn.com/v4/letter/a/87869e/32.png) [@An\_Arky](https://boards.straightdope.com/u/An_Arky)\ **Post date:** [November 24, 2007, 12:56pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/8 "2007-11-24T12:56:20Z")
Oh, this is so totally about getting paid. I’m not sure, but I think that the amount of money the Romantics get for “just a cover” would be significantly less than using their song outright. But since the the cover walks like a duck and quacks like a duck, the Romantics think they should be getting paid like a duck. So it sounds shitty, but really, somebody has to stand against all these thieving weasels. Of course, if they succeed in getting the game pulled off the shelves right before Christmas, they will become The Most Hated Band in America. ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [November 24, 2007, 12:59pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/9 "2007-11-24T12:59:58Z")
[QUOTE=F. U. Shakespeare] A few years ago, some car company approached Bette Midler about using one of her songs in an ad. When she declined, they hired an imitator who was so good, Midler thought it was her own voice when she first heard the ad. So she sued the company. I’ve always wondered about the legalities of that. I know that you can copyright trademarks, but can celebrities really sue people who sound (or look) like they do? [/QUOTE] In 1984, Huey Lewis was asked to compose a theme for the motion picture “Ghostbusters”, but had to decline because of his work for the “Back To The Future” soundtrack. Ray Parker composed the “Ghostbusters” theme instead. When that theme was released, Lewis noted a similarity in style to his song “I Want A New Drug” and sued Parker. The pair settled out of court. > **[I Want a New Drug](https://en.wikipedia.org/wiki/I_Want_a_New_Drug)** > > "I Want a New Drug" is a song by American rock band Huey Lewis and the News from their third album Sports. It was released as the album's second single in January 1984 as the follow up to their top-ten hit "Heart and Soul". The single reached number six on the U.S. Billboard Hot 100 and topped the Hot Dance Club Play chart. According to Lewis, he wrote the song in only a few minutes. He drove to his attorney's office and told him, "Bob, give me a pen and paper!" According to Lewis, the song is a ... This might not be quite what you’re looking for though, since it is a plagiarism suit against a songwriter’s work instead of against a vocal sound-alike. ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 1:12pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/10 "2007-11-24T13:12:33Z")
[QUOTE=cochrane] In 1984, Huey Lewis was asked to compose a theme for the motion picture “Ghostbusters”, but had to decline because of his work for the “Back To The Future” soundtrack. Ray Parker composed the “Ghostbusters” theme instead. When that theme was released, Lewis noted a similarity in style to his song “I Want A New Drug” and sued Parker. The pair settled out of court. > **[I Want a New Drug](https://en.wikipedia.org/wiki/I_Want_a_New_Drug)** > > "I Want a New Drug" is a song by American rock band Huey Lewis and the News from their third album Sports. It was released as the album's second single in January 1984 as the follow up to their top-ten hit "Heart and Soul". The single reached number six on the U.S. Billboard Hot 100 and topped the Hot Dance Club Play chart. According to Lewis, he wrote the song in only a few minutes. He drove to his attorney's office and told him, "Bob, give me a pen and paper!" According to Lewis, the song is a ... This might not be quite what you’re looking for though, since it is a plagiarism suit against a songwriter’s work instead of against a vocal sound-alike. [/QUOTE] I realize I may be hijacking the thread, but how on earth is the song “Ghosbusters” in any way related to the song “I Want a New Drug”? I know both songs are shit but they sound nothing alike. ---
**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\ **Post date:** [November 24, 2007, 1:22pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/11 "2007-11-24T13:22:38Z")
I remember the Huey Lewis lawsuit. IIRC, there was a paper trail that tied the Ghostbusters theme to IWAND – the producers specifically asked Parker to write a song like it. This buttressed Lewis’s claim that the songs were similar. In any event, it was a clear case of copyright infringement of a specific song, for which the laws are pretty clear. This is separate from Midler’s contention (and the Romantics’) that if you sound like them, you’re infringing something. I would guess there’s a difference between having a voice like a celebrity, and copying their style. I can’t see how the latter would constitute infringement: if so, 90% of the money earned by 1950s rock and roll musicians should have gone to dead blues singers. ---
**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\ **Post date:** [November 24, 2007, 1:24pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/12 "2007-11-24T13:24:36Z")
[QUOTE=Abby\_Emma\_Sasha] I realize I may be hijacking the thread, but how on earth is the song “Ghosbusters” in any way related to the song “I Want a New Drug”? I know both songs are shit but they sound nothing alike. [/QUOTE] The main riffs that start out the songs are pretty similar. ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 1:31pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/13 "2007-11-24T13:31:13Z")
Someone will have to remind me of the main riffs, but I stand by the fact the songs sound nothing alike. This is not like “My Sweet Lord” sounding like “He’s So Fine”. Ghostbusters and the New Drug song have nothing in common for me. No tunes in common, no notes in common. ---
**Author:** ![The\_Tof](https://avatars.discourse-cdn.com/v4/letter/t/cdc98d/32.png) [@The\_Tof](https://boards.straightdope.com/u/The_Tof)\ **Post date:** [November 24, 2007, 1:35pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/14 "2007-11-24T13:35:25Z")
[QUOTE=Abby\_Emma\_Sasha] I realize I may be hijacking the thread, but how on earth is the song “Ghosbusters” in any way related to the song “I Want a New Drug”? I know both songs are shit but they sound nothing alike. [/QUOTE] I actually thought it was ridiculous at first as well. Then I played them both back in my head and determined- Holy Crap- they really do seem unusually similar for two songs I’d have never put together before. Re: The OP- I really understand their gripe, but I don’t quite understand why they are upset about it. Which is to say I’m not quite sure why they don’t allow their own work to begin with. (Unless it is Activision is trying to save a buck by paying the cover artists instead of the real deal.) Either way, if the recordings on the game don’t sound genuine the game isn’t as fun. Who wants to spend their time playing a suck version of some song? That they are being included can only, in the long run, increase interest in the group. End result- they make more money than they would have without the game. > [@](#): > > I’ve always wondered about the legalities of that. I know that you can copyright trademarks, but can celebrities really sue people who sound (or look) like they do? John Fogerty was sued for plaigerizing himself. It was his first solo album after leaving Creedence, and he got sued by the record company that still had Creedence under contract. It doesn’t say in the Wiki, but I believe Fogerty won. I think I saw on VH1 that he actually played his guitar on the witness stand. > **[John Fogerty](https://en.wikipedia.org/wiki/John_Fogerty)** > > John Cameron Fogerty (born May 28, 1945) is an American musician, singer, and songwriter. Together with Doug Clifford, Stu Cook, and his brother Tom Fogerty, he founded the swamp rock band Creedence Clearwater Revival (CCR), for which he was the lead singer, lead guitarist, and principal songwriter. CCR had nine Top 10 singles and eight gold albums between 1968 and 1972, and was inducted into the Rock and Roll Hall of Fame in 1993. > Since CCR parted ways in 1972, Fogerty has had a successful so... ---
**Author:** ![neutron\_star](https://avatars.discourse-cdn.com/v4/letter/n/51bf81/32.png) [@neutron\_star](https://boards.straightdope.com/u/neutron_star)\ **Post date:** [November 24, 2007, 1:37pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/15 "2007-11-24T13:37:06Z")
[QUOTE=Abby\_Emma\_Sasha] Someone will have to remind me of the main riffs, but I stand by the fact the songs sound nothing alike. [/QUOTE] 😕 How can you be so convinced when you don’t even remember the songs? I never really thought about it until I read this thread, then it sort of clicked. They do sound alike. Edit: [Ghostbusters](http://www.youtube.com/watch?v=TkKmKWOpzto). [I Want a New Drug](http://www.youtube.com/watch?v=F_BVYgA-ZnM). ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 1:45pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/16 "2007-11-24T13:45:30Z")
[QUOTE=neutron star] 😕 How can you be so convinced when you don’t even remember the songs? . Edit: [url=http://www.youtube.com/QUOTE] Are you kidding? I said I remebered the songs. They sound nothing alike. ---
**Author:** ![neutron\_star](https://avatars.discourse-cdn.com/v4/letter/n/51bf81/32.png) [@neutron\_star](https://boards.straightdope.com/u/neutron_star)\ **Post date:** [November 24, 2007, 1:52pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/17 "2007-11-24T13:52:01Z")
You said “someone will have to remind me of [the part that sounds alike].” ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 2:00pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/18 "2007-11-24T14:00:55Z")
[QUOTE=neutron star] You said “someone will have to remind me of [the part that sounds alike].” [/QUOTE] No, I said someone should reminnnnd me of a giutar riff. A riff is not a stolen song. A riff is a sound on a guitar. Actually, I said: Someone willl have to remind me of the main riffs. ---
**Author:** ![Fuji](https://avatars.discourse-cdn.com/v4/letter/f/a9a28c/32.png) [@Fuji](https://boards.straightdope.com/u/Fuji)\ **Post date:** [November 24, 2007, 2:01pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/19 "2007-11-24T14:01:20Z")
[QUOTE=Abby\_Emma\_Sasha] Are you kidding? I said I remebered the songs. They sound nothing alike. [/QUOTE] Try listening to the backing rhythm tracks, especially the bass line. (Or even better, try singing the lyrics to IWAND while listening to Ghostbusters. You’ll find they mesh quite nicely - a little _too_ nicely for Huey’s tastes…) ---
**Author:** ![Abby\_Emma\_Sasha](https://avatars.discourse-cdn.com/v4/letter/a/e68b1a/32.png) [@Abby\_Emma\_Sasha](https://boards.straightdope.com/u/Abby_Emma_Sasha)\ **Post date:** [November 24, 2007, 2:08pm UTC](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597/20 "2007-11-24T14:08:34Z")
[QUOTE=Fuji] Try listening to the backing rhythm tracks, especially the bass line. (Or even better, try singing the lyrics to IWAND while listening to Ghostbusters. You’ll find they mesh quite nicely - a little _too_ nicely for Huey’s tastes…) [/QUOTE] I have been singing IWAND and GB simultaneously. Sorry, they do not conpute. If you want them to be the same then you need to seek help. They are Not the saME.sORRY, TRY AGAIN. [Next page](https://boards.straightdope.com/t/lets-sue-because-you-play-our-songs-better/427597.md?page=2)