'My Sharona' Creators Sue Yahoo, Apple, Amazon and Run DMC for Copyright Infringement
In a 49-page complaint filed last month, The Knack's front man Doug Fieger and lead guitarist Berton Averre claim that Run DMC illegally copied parts of their 1978 hit "My Sharona" into Run DMC's 1986 hit "It's Tricky." Although the statute of limitations for copyright infringement is three years, Fieger and Averre claim they had never heard Run DMC's song -- one of the most famous rap songs of all time -- until August 2005. Yahoo, Amazon and Apple are being sued for distributing "It's Tricky" via their Web sites. The plaintiffs are also suing RealNetworks and Napster for distribution. Fieger and Averre are seeking $150,000 for each infringement. Besides suing technology companies, Fieger and Averre are suing each member of Run DMC (including the estate of the late Jason Mizell), the band's producers (including Russell Simmons), and several music publishers and labels. A representative from the plaintiff's law firm said Fieger and Averre are suing online distributors because they copied and sold the infringing work. Offline retailers, such as Wal-Mart, were not included in the complaint. "This is a good example of how copyright law is outdated for the Internet,' said Jason Schultz, staff attorney for the Electronic Frontier Foundation, who said that offline retailers were probably not sued because they don't make copies of infringing work, whereas online distributors make a new copy every time a song or album is sold. "But distribution has never been addressed clearly online. Apple and Amazon and Yahoo had no idea anything was wrong -- if anything was wrong -- with what they were selling." Schultz said there was no clear reason why Fieger and Averre would wait 20 years to file a lawsuit. The fact that there are more companies to sue now and that those companies operate in an area of copyright law not yet clearly defined, he said, could have been a factor in filing the lawsuit. On its face, The Knack's lawsuit looks like it won't be successful, said Schultz, if only because it was filed 20 years after the fact. But if the suit is judged to have merit, companies like Apple and Yahoo will be in a bind. "There are no protections for Apple or any of these companies," he said. Note: The news of the lawsuit was originally reported in the music press, but there was little to no mention of the technology companies involved -- and the tech press didn't seem to notice the lawsuit -- so I thought I'd dig some stuff up. |
Rock band The Knack has sued several online music distributors, including Yahoo, Amazon and Apple, for distributing copies of Run DMC's song "It's Tricky," which contains an unauthorized sample of The Knack's "My Sharona."
Comments (16)
Seems this is putting the cart before the horse. Wouldn't The Knack have to prove first that their song is even illegally a part of the "It's Tricky" song before it can have grounds to sue distributors? Only after that fact, can they then sue to prove Apple et al are distributing illegal music. All in all, it's a pathetic money grab by long ago has-beens. Im sure their crossing their fingers for out-of-court settlements.
Posted by D9 | October 4, 2006 4:35 PM
Give The Knack some slack: My Sharona was a great post-punk/new wave hit, and this band deserves more credit. Think of the advertising potential in this jingle: Da-na-na-na na-na na-na My Corona! It's never too late to ca$h in!
Posted by sproatlakeboy | October 4, 2006 6:39 PM
Interestingly, 'My Sharona' came out in 1977, it never gained fame till the 80's. I remember the first time i listened to it i thought it was a great new sound. A hundred thousands plays later i thought it was insipid elevator music, although still it had a great riff.
Posted by etype series | October 4, 2006 10:03 PM
My Sharona was released in 1979, not 1977. It was a lame, suckass wimpy New Wave song back then, and it still is now. The Knack should just go away and stay dead.
Posted by Riot Nrrrd™ | October 4, 2006 11:27 PM
Although it was an ok song, suing companies for lots of money for distributing a 20-year old song that "contains" a sample of their song which was about 10-years old at that time, has no reasonable merit. I am sure the infringing song from a more or less defunct group, Run DMC, generates little income for any of the companies involved. In fact, I believe the only infringers really should be RunDMC and their label, and whoever gave the distribution rights to the online distributers. As big and wealthy as some of the distributers are, they still probably acted in good faith and really, in my view, should not be held liable!
Posted by givemeabreak | October 4, 2006 11:58 PM
DEFINATLEY 1979, I ACTUALLY MET THESE GUYS WAY BACK THEN IN NEW ZEALAND. I BELIEVE THE SONG WAS NUMBER 1 ON YOUR BILLBOARD CHART AT THE TIME. GREAT CATCHY POP SONG/GREAT GUYS. I PERSONALLY THINK THERE DESERVE MONEY IF SOMEONE HAS RIPPED THEIR SONG OFF. RUN DMC ARE BIG/FAT/OVERHYPED PISH (YES THAT IS PISH!!)
Posted by NEIL | October 4, 2006 11:59 PM
pathetic.
Posted by brian | October 5, 2006 2:30 AM
This is beyond pathetic. What rock were they hiding under that they never heard the Run DMC song until a year ago?? And how can Apple and others be held responsible for distributing a song that they didn't know was infringing anyone's copyright? I could see it if Run DMC had already been sued and been found at fault and THEN the distributors continued to distribute the music. Clearly this is just a case of wanting to cash in on some "free" money.
Posted by Tina | October 5, 2006 12:35 PM
Well, I've never heard the Run DMC song either, and I own m Knack album that has My Sharona on it. What I'm curious about, is what law firm is representing The Knack in this? Could it be Doug Fieger's brother Geoffrey's? (of Dr. Kervorkian fame among other gigs)
Posted by None Required | October 5, 2006 1:56 PM
As a person currently chasing some copyrighted content across the internet that had the copyright data stripped, I say more power to them. Da-Da-Da-SUE-theirassoff
Posted by Falcon67 | October 5, 2006 3:20 PM
This is beyond pathetic. What rock were they hiding under that they never heard the Run DMC song until a year ago?? DUH! Well... count me as under that rock! I never heard of that 'song', because I have NO interest in listening to crap... er I mean rap... 'music'. In general, it's as usual; some no-talent bozos who can't make any ORIGINAL music rips off a rock group and calls it their own. Same with 'Walk This Way'/ Aerosmith. Big hit because the ORIGINAL was a big hit...and still is!
Posted by Lando | October 5, 2006 5:22 PM
Looks to me like a washed up 70's band (who I, not being alive in the 70's, never heard of) suing everyone they think they have a remote chance of getting money out of because they've run out of cash. I'd be interested to see the current state of the plaintiff's books.
Posted by Bruce IV | October 6, 2006 9:04 AM
Wish I still had my "Nuke the Knack" T-Shirt
Posted by Mtrsuperior | October 6, 2006 12:43 PM
Ironically, they schill their stuff ON Apple iTunes. Way to shoot the horse.
Posted by d. Stark | October 8, 2006 5:27 AM
Insightful posting Steve, I think you got it exactly right. If they happen to walk into court on the right day with a judge who is still pissed from the night before, they may get their argument through the door enough to force the companies to settle. That would set a very unsound precedent.
Posted by Geosta | October 12, 2006 4:26 AM
Yeah Lando, I agree. As you say, some no-talent bozos (the Beatles) who can't make any ORIGINAL music rips off a rock group (the Supremes) and calls it their own (Mr. Postman). Oh, sorry. You probably weren't old enough to have heard of those 2 bands. Hey; The Knack had their day in the sun. If they have to get some ambulance chasing lawyer to do their bidding... With all those people and companies they are wanting to stick-it-to, they'll probably settle out of court just to shut the Knack up! They probably need the cash to pay for Doug Fieger's surgery (a lobotomy).
Posted by Player_16 | October 13, 2006 12:26 PM