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Sample Of Rita & Tiaras

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It has absolutely no similarity whatsoever to 'Gone With The Wind Is My Love' ...apart from the remarkably similar rhythm, melody and lyrics!

:lol:

I'll be putting a claim in on Monday.

Thanks Harry,

Paul

Derivation or downright rip off?

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Derivation or downright rip off?

Hello Phil,

It copies the general rhythm pattern, has an identical melody and the chorus opens with the same lyrics ("love, love, love...") sung over the very same notes, so I consider it to be an adaptation of 'Gone With The Wind Is My Love' with new lyrics.

I'd say the very most they can claim is 50%.

I obviously don't mind this kind of thing but they should have obtained clearance first. Millbrand control 50% of the song and they certainly haven't approached me or my sub-publishers in other territories. I'll check with Rockin' Music or their administrators (IQ Music) because they control the other 50% but I think they'll be just as surprised as I am.

I haven't yet seen their sleeve for writer and publisher credits (it's a new release) so it will be interesting if someone is trying to claim 100% ownership.

Best wishes,

Paul

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Hello Phil,

It copies the general rhythm pattern, has an identical melody and the chorus opens with the same lyrics ("love, love, love...") sung over the very same notes, so I consider it to be an adaptation of 'Gone With The Wind Is My Love' with new lyrics.

I'd say the very most they can claim is 50%.

I obviously don't mind this kind of thing but they should have obtained clearance first. Millbrand control 50% of the song and they certainly haven't approached me or my sub-publishers in other territories. I'll check with Rockin' Music or their administrators (IQ Music) because they control the other 50% but I think they'll be just as surprised as I am.

I haven't yet seen their sleeve for writer and publisher credits (it's a new release) so it will be interesting if someone is trying to claim 100% ownership.

Best wishes,

Paul

Hi paul,

My derivation comment was tongue in cheek :thumbsup:

I've been involved in much less "derivative" releases, and I think your 50% would be exceptionally generous.

A track i was involved with some years ago only sampled the hook of a record and Universal wouldn't let us release it unless they got 99% of the publishing :lol:

Now they've done it you (and the other rights owners) could take 'em for everything. But knowing the kind of bloke you are, you will no doubt be far more accomodating to them than most others would be.

Phil

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As well as being completely derivative of the Rita and the Tiaras classic, to my ears it is insipid, unimaginative and sadly all too representative of the kind of pap masquerading as new music...

No wonder people watch the X factor with this kind of dirge on the market.

I'll stay with my pre 80s music thanks !

Just checked Mr Conte's output... jazz club, devoid of any original thought..

Just my opinion of course !hatsoff2.gif

Edited by Lobster Madras

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As well as being completely derivative of the Rita and the Tiaras classic, to my ears it is insipid, unimaginative and sadly all too representative of the kind of pap masquerading as new music...

No wonder people watch the X factor with this kind of dirge on the market.

I'll stay with my pre 80s music thanks !

Just checked Mr Conte's output... jazz club, devoid of any original thought..

Just my opinion of course !hatsoff2.gif

Does that mean you'll be letting the Black box 12" go then :lol:

In truth and on a more serious note ...im not sure which i prefer more......this one or Rita and the tiaras :thumbsup:

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Slightly of topic, but I'm always amused by the story behind the Verves use of a 'sample' in 'Bitter Sweet Symphony'.

Following legal action by the ABKCO (Allen Klein's company)the writing credit for 'Bitter Sweet Symphony' was credited 100% to KeithRichards and Mick Jagger after charges by the original copyright owners that the song was plagiarized from the Andrew Oldham Orchestra recording of the 'TheRolling Stones' 1965 song 'The Last Time'.

That would be the same song 'based' on a traditional gospel songcalled "This May Be The Last Time", recorded by The Staple Singers in1955!

Now you may think fair enough, but 'The Last Time' remains credited to Mick Jagger and Keith Richards, mind Richards has been kindenough/big enough to 'mention' that it was based on the Staples song! The mind boggles!!

Edited by Mike Lofthouse

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Hi paul,

My derivation comment was tongue in cheek smile.gif

I've been involved in much less "derivative" releases, and I think your 50% would be exceptionally generous.

A track i was involved with some years ago only sampled the hook of a record and Universal wouldn't let us release it unless they got 99% of the publishing :hatsoff2:

Now they've done it you (and the other rights owners) could take 'em for everything. But knowing the kind of bloke you are, you will no doubt be far more accomodating to them than most others would be.

Phil

Thanks Phil,

Yes, 50% would be very generous really, but it's the absolute max they can hope to claim.

Nicola Conte (male) is a famous Italian DJ / producer and a priority act for UMG (Universal). The album is already released in several terrirories in the EU and South East Asia and it's due for UK release very soon, it's very popular.

I've no idea who the female vocalist is (because she isn't credited) but Nicola Conte has claimed 100% authoriship (words and music) of this song so he and his publishers have some explaining to do.

I've already made contact with his publishers in Milan but I won't be especially accomodating in this case, I'll probably put it in the hands of my EU agents (Imagem Music Group) because I'm too busy here and they've got a lot more clout than I have.

By the way, Phil, I'm surprised Universal Music only claimed 99% of the publishing on your song! That was very kind. :yes:

Paul

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As well as being completely derivative of the Rita and the Tiaras classic, to my ears it is insipid, unimaginative and sadly all too representative of the kind of pap masquerading as new music...

No wonder people watch the X factor with this kind of dirge on the market.

I'll stay with my pre 80s music thanks !

Just checked Mr Conte's output... jazz club, devoid of any original thought..

Just my opinion of course !hatsoff2.gif

I'm open minded with music but I agree it's derivative and a bit too contrived for my personal taste.

As a publisher I love it when old songs are covered or sampled but it's sad that originality is so rare these days.

Paul

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Slightly of topic, but I'm always amused by the story behind the Verves use of a 'sample' in 'Bitter Sweet Symphony'.

Following legal action by the ABKCO (Allen Klein's company)the writing credit for 'Bitter Sweet Symphony' was credited 100% to KeithRichards and Mick Jagger after charges by the original copyright owners that the song was plagiarized from the Andrew Oldham Orchestra recording of the 'TheRolling Stones' 1965 song 'The Last Time'.

That would be the same song 'based' on a traditional gospel songcalled "This May Be The Last Time", recorded by The Staple Singers in1955!

Now you may think fair enough, but 'The Last Time' remains credited to Mick Jagger and Keith Richards, mind Richards has been kindenough/big enough to 'mention' that it was based on the Staples song! The mind boggles!!

Hello Mike,

It's all about muscle. The big companies have power and patience but most small companies are keen to reach a quick and easy settlement rather than incurr heavy legal costs and possible damages.

Some of the big / powerful companies can be a bit arrogant and totally shameless about double standards etc.

There's no real justice, especially for us poor kids living in the ghetto.

:hatsoff2:

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The start reminds me of The Salvador's Stick By Me Baby. yes.gif

Oh no, that's another song I control.

:yes:

I'm just waiting for Lady GaGa to do a cover of 'Casanova' or something so I can stop shopping at ASDA and Tesco.

:hatsoff2:

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Would like to hear the outcome of this. Keep us posted, Paul.

Hello,

Things are working out fine.

I issued notice and made a claim on Monday and we reached a settlement today (to be confirmed).

Fair play and fast progress, I wish all disputes were this simple.

Thanks again to Harry for bringing it to my attention so early.

Paul

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Hello,

Things are working out fine.

I issued notice and made a claim on Monday and we reached a settlement today (to be confirmed).

Fair play and fast progress, I wish all disputes were this simple.

Thanks again to Harry for bringing it to my attention so early.

Paul

Glad to hear this Paul....

Suspect "they" thought they'd done nowt wrong until you pointed it out, especially with "their" quick settlement....

Respect to them for acknowledging it....

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