Browsing Tag

litigation

Career Killers: “Alone Again” by Biz Markie

A bit of a departure for me on this one. I wrote an ABA Journal cover story in 2019 looking at songs that changed the law. The issue of sampling has become an important one when it comes to copyright law. A major reason why was because of two 1991 cases. I spotlighted the first: a lawsuit filed by members of 60s era band The Turtles against hip hop group De La Soul. I decided to take a look at the second one, which involves the recently deceased rapper Biz Markie.

When the Diabolical Biz Markie died in July, many publications made sure to emphasize that he was more than just a one hit wonder. Widely known for his big personality and sense of humor, the “Clown Prince of Hip Hop” (he once recorded a song about picking his nose called “Pickin’ Boogers” – either that or “Weird Al” Yankovic’s “Gotta Boogie,” is the best songs ever written about nose doo-doo) was a highly influential rapper who was beloved in hip hop circles and by his fans.

But the fact remains that most people only knew him by his big hit, 1989’s “Just a Friend.” A major reason why he never had another was because of a lawsuit that helped set a precedent in the then-grey area of sampling.

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Career Killers: “Paula” by Robin Thicke.

I wrote a review for Robin Thicke’s Paula when it first came out in 2014. I decided to revisit it for several reasons. 1) I’m lazy, 2) It was obvious, at the time, that this record would tank his career and 3) I see him every week as a judge on The Masked Singer and I can’t decide whether being on a hit show means that his career has recovered from this debacle of an album or if it’s confirmation that his musical career is over and that he’ll just be a reality show judge from here on out. In other words, did his album about one Paula (Patton) have the effect of turning him into another Paula (Abdul)?

In retrospect, “Blurred Lines” wasn’t the start of something great for Robin Thicke. It was the beginning of the end. And Paula ended up being the nail in the coffin.

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Career Killers: “The Final Cut” by Pink Floyd

When we think of the most accomplished and popular rock bands, they tend to have one or two people in charge – usually the songwriters. Glenn Frey called it “song power” and used it to explain the power dynamics in The Eagles:

“A rock band is not a perfect democracy. It’s more like a sports team. No one can do anything without the other guys, but everybody doesn’t get to touch the ball all the time.”

Glenn Frey, History of the Eagles.

History tells us that, at some point, the other guys in the band will often get fed up with being in the background and either leave the band or raise such a stink that they get some concessions. Stu Cook and Doug Clifford forced John Fogerty to let them write songs for a Creedence Clearwater Revival album with disastrous results. Jason Newsted quit Metallica. Alan Wilder left Depeche Mode while Dave Gahan threatened to unless he was allowed to write songs for the band’s albums. As for the Eagles, Frey and Don Henley may have been happy in their roles as was benevolent dictators, but others in the band, particularly Don Felder and Joe Walsh, resented being underlings and this underlying tension was one of the main reasons why the band broke up.

Pink Floyd was no different, and when things finally came to a head in the early 1980s, it touched off years of litigation, decades of inconsistent artistic output from all parties involved, and sustained personal enmity and hatred that not even the promise of a triumphant one-off reunion at the biggest charity concert of the 2000s could fully fix.

This is the album that started all of that.

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Career Killers: “The Spaghetti Incident?” and “Sympathy for the Devil” by Guns N’ Roses

When Guns N’ Roses announced they were releasing an album of (mostly) punk covers in 1993 to tide fans over until the next original album came out, it made perfect sense. The Gunners had always been a great covers band (for my money, their rendition of “Live and Let Die” was better than Sir Paul’s and their version of “Whole Lotta Rosie” kicks all kinds of ass) and this project promised to see them return to the kind of stripped-down, straightforward rock sound that had made them famous. Given their unsteady work ethic, any record from Axl and the boys was a good thing. Meanwhile, they were so popular and big at the time that they could have farted out an album of Osmond Family covers and it would have gone multiplatinum. Surely, whatever they did wouldn’t compromise their careers and lead to a spectacular self-implosion – of which the band still hasn’t fully recovered from, right?

Well…

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Is “The Devil’s Advocate” a Great Legal Film?

At the ABA Journal, our most popular web post of all time is our “Top 25 Greatest Legal Movies” feature from 2008. I haven’t seen the stats, but apparently, it’s number one by a country mile. Kind of like how The Matrix is, far and away, the best movie in its trilogy or how Alec Baldwin is, without question, the most talented actor in his family.

So, to commemorate the 10-year anniversary of our most popular feature of all time, the lead feature of this month’s issue is an updated look at the list of greatest legal movies. Some movies from the last decade to be included are Spotlight, The Post and Marshall, while movies like Legally Blonde, Primal Fear and Michael Clayton made the cut this time after missing out on the original list. Also, some movies from the original list dropped out, including Philadelphia, Presumed Innocent, Chicago, In the Name of the Father, and the Al Pacino tour-de-force And Justice for All.

All of this got me thinking about a different Pacino legal drama. The Devil’s Advocate (1997) may not be remembered as his greatest film (if we’re being honest, it’s probably not even in the top half of his filmography), but it’s a fun, creative take on lawyers, law firms and the legal profession.

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9th Circuit Strikes Copyright Suit Against Madonna

Harry Potter, Hawaii Five-0
Alito teased Biden, Joe.
John Fogerty, CCR,
That suit went very far.
Robert Plant, Jimmy Page
Sued over “Stairway,” despite its age.
Robin Thicke and “Blurred Lines.”
Did Harrison copy “He’s So Fine?”
They had lawyers, they had fight
Accused of violating copyright.
Matrix, Seinfeld, New Girl too.
Don’t forget the 2 Live Crew.
Plaintiffs filing lots of suits,
Defendants argue they are moot
Don’t just stand there, let’s get to it
Strike a pose, there’s nothing to it,
Vogue.

Yeah. That lede got rejected. Oh well. I thought it was clever.

Madonna prevails in plagiarism lawsuit.

UFC Loses MMA Legalization Lawsuit in NY

The lawsuit filed by the UFC (through its parent company, Zuffa) and several MMA fighters, including Jon “Bones” Jones, Gina Carano, Frankie Edgar and Brian Stann seeking to invalidate New York State’s ban on professional MMA events came to an end yesterday when U.S. District Judge Kimba Wood of the Southern District of New York threw out the case.

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