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Brooklyn Musician suing Devils


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#61 DaneykoIsGod

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Posted 23 August 2011 - 07:40 AM

How many folks here - or in the world for that matter - actually PURCHASE ALL OF THEIR MUSIC.


I do!

Quick, PK or MF, I need a "patting myself on the back" smiley.

"T-shirts, GOOD! Napster, BAD!"

http://www.youtube.com/watch?v=fS6udST6lbE


:lol:

http://www.youtube.com/watch?v=DvYYqRefhuM



For what it's worth, I like Neil Fallon's take:

Q: When we last talked to you a couple of years ago this was a hot topic, and I forget if it was you or another artist that said when a technological advance comes along, it’s just kind of like a flat tax, it just affects everyone across the board at the same percentage, and so you can’t really get too bent out of shape as an artist when everyone else is in that same boat with you.

A: It does piss me off when I hear people lamenting the fact that, oh now bands have to go out and play music to make a living. Like fvck off! That’s the whole point. I mean records… If you consider the entire history of culture and then music, records are still a brand new technology. Live music has been around for tens of thousands of years. And that should be the joy of it, performing your music for other people. And to act as if this is your cross to bear because of file sharing is, I think, reprehensible.

So we’ve been kind of insulated by that, because we’ve always been a touring band, and it’s not as if we saw our ticket sales plummet when Napster came along.

Q: Did you see it go the other way? Did ticket sales increase?

A: I think so. It opened… It made it easy for people to find out about the band. If we had been a platinum selling band I’m sure it would have affected us terribly but we’re, like many bands, we’re only going to appeal to so many people. It used to be that the independent record shop was your only oracle for that kind of stuff. And now you can have your independent record shop right there on your desk.


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#62 njdevil26

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Posted 23 August 2011 - 08:32 AM

Since when is it a good idea to shoot your mouth off on the internet when you're involved in a lawsuit... this guy should shut up and get the hell of Facebook for a little while. He's making himself look worse and worse... this is an attempt for a dishonest payday and publicity.


At the same time... the Devils handled this disgustingly IF the artist (songs suck by the way) is telling the truth... and that doesn't surprise me that the team would blow this guy off and not give a crap as usual.
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#63 HellOnICE

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Posted 23 August 2011 - 08:47 AM

"Take your napsack HUHH HUHHHHHH" - Lars Ulrich
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#64 Section21

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Posted 23 August 2011 - 05:11 PM

There is an update to the SB Nation article that has updates from ascap. They agree the suit is without merit unless the devils are using the video in a television advertisement.

http://www.sbnation....-rising-lawsuit
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#65 DevilinLA

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Posted 23 August 2011 - 05:51 PM

There is an update to the SB Nation article that has updates from ascap. They agree the suit is without merit unless the devils are using the video in a television advertisement.

http://www.sbnation....-rising-lawsuit


I know he's speaking on behalf of ASACP but He's wrong.
In fact, I called a buddy of mine at the ASCAP LA office today out of curiosity to discuss this.
If its synched with video - and not played separately with the video - its a Synch License. Period.

NJ probably thought it was covered under their blanket license to broadcast. Apparently this has been an issue before, something they are trying to rectify with more clear-cut distinction, but as it stands by the definition of a synch license to a Music Publisher its true.

If its played over the PA while the video is going - thats different.
They have a case - not a $10M case - but a case. They should have taken the $25,000 license and ran with it.

If I make a movie, synch "Running WIth the Devil" with the opening credits (or any part for that matter) and play it in Disneyland Theme Park on a big screen - does the DL Blanket PArk License cover it? I don't think so.

If this was the case no one would ever pay a synch license again and just broadcast there "synched materials" in blanket-license ASCAP or BMI affiliated venues.

The band's biggest mistake is making this a public through amateur outlets like FB and such. Let the lawyers handle it. ITs what they do.
Also for the record, the band has no say whatsoever in "permission" to use a song - that's up to the publisher to agree on the fee for the Synch License - unless its a "First Use" situation.

What I am REALLY curious about - and I hope some NJ'ers can comment on this - is I haven't seen any video (montage or otherwise) that the song is synched with to justify the need for a Synch License? Do they play an actual video? Is it synched or is it just warm-up music like the other stuff?

Could someone clarify?

Edited by DevilinLA, 23 August 2011 - 05:57 PM.

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#66 American_Psycho

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Posted 23 August 2011 - 06:31 PM

"Musician."
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#67 lucifer91

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Posted 23 August 2011 - 07:00 PM

Devilinla...go to about the 55 second mark...you probably cant see the video but its devils fans rejoicing more or less


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#68 DevilinLA

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Posted 23 August 2011 - 07:17 PM

Devilinla...go to about the 55 second mark...you probably cant see the video but its devils fans rejoicing more or less


Thanks.
I saw this and it just looks like the usual simple swirling logos and fireworks stuff on the jumbotron but no actual footage or something.
If thats the case then its clearly not a Synch issue - but I'm not sure what is actually happening.
Is that accurate?

Edited by DevilinLA, 23 August 2011 - 07:18 PM.

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#69 Satans Hockey

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Posted 23 August 2011 - 07:46 PM

Thanks.
I saw this and it just looks like the usual simple swirling logos and fireworks stuff on the jumbotron but no actual footage or something.
If thats the case then its clearly not a Synch issue - but I'm not sure what is actually happening.
Is that accurate?


Heres the best video I could find, skip to 40 seconds.



just my 2 cents, it was a sh!tty video and an even worse song. I'll be happy to never have to see or here either ever again.
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#70 DevilinLA

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Posted 23 August 2011 - 08:07 PM

Heres the best video I could find, skip to 40 seconds.



just my 2 cents, it was a sh!tty video and an even worse song. I'll be happy to never have to see or here either ever again.

Thanks.
That is DEFINITELY what I would consider a synched video.
Synch license no doubt.

I'm curious what sports teams are doing with these types of things now as more and more teams are doing this. I guess hope that no publishers complain? Or maybe they actually did think that this was covered under their blanket ASCAP?
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#71 oconnellrules

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Posted 24 August 2011 - 03:32 PM

god that song sucks
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#72 mouse

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Posted 26 August 2011 - 09:50 AM

Even if it should be a different license, that seems like an honest mistake, probably made worse by the wording in ASCAP's contract and the fact that at least some people in ASCAP still think the synch license isn't required. The band admits the Devils offered them some money, which seems fair, since they claimed to be excited for 41 games, got some publicity, and the team made what appears to be an honest mistake. Suing for 30 million instead of taking what the Devils offered is a BS cash grab.
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