funkgod Posted April 21, 2016 Share Posted April 21, 2016 (edited) I have just been reading this about meat loaf taking Dean Torkington from Burnley to court for basicly impersonating him calling him an online imposter, and wanted $100,000.00 from him, the court in the usa awarded meatloaf $25,000.00 + $4,769 in costs and Dean has to hand over his site and todrop registration and control of the website and transfer it to meatloaf could this open the doors to other artists ? (edited) how close is too close ? when choosing a web address [url="http://www.dailymail.co.uk/news/article-2256547/Meat-Loaf-tribute-act-Burnley-forced-pay-25-000-singer-California-court-rules-online-imposter.html"]http://www.dailymail...e-imposter.html[/url] [left][color=#000000][url="http://www.dailymail.co.uk/news/article-2256547/Meat-Loaf-tribute-act-Burnley-forced-pay-25-000-singer-California-court-rules-online-imposter.html#ixzz46SR5o3hv"]http://www.dailymail...l#ixzz46SR5o3hv[/url][/color][/left] Edited April 21, 2016 by funkgod Quote Link to comment Share on other sites More sharing options...
Lw. Posted April 21, 2016 Share Posted April 21, 2016 Only if the other artists were also being naughty with their web-addresses. This hasn't really got anything to do with being a tribute act, it's about improper use of domains & using someone else's name to generate revenue for yourself. Quote Link to comment Share on other sites More sharing options...
KevB Posted April 21, 2016 Share Posted April 21, 2016 (edited) And it's a three year old story No idea what the final outcome was, if money actually changed hands or he just took down the site. Edited April 21, 2016 by KevB Quote Link to comment Share on other sites More sharing options...
jacko Posted April 21, 2016 Share Posted April 21, 2016 That was three years ago. Has there been any news about it since? Quote Link to comment Share on other sites More sharing options...
funkgod Posted April 21, 2016 Author Share Posted April 21, 2016 (edited) yes 3 years old, he said he would not hand over a penny, dont know the outcome, im sure most tribute acts would want to get their web address as close as to the name. but yea a bit too close is that one Edited April 21, 2016 by funkgod Quote Link to comment Share on other sites More sharing options...
Billy Apple Posted April 21, 2016 Share Posted April 21, 2016 When others are making a buck not just playing songs, but using the whole image and likeness is is not right that there should be some kind of permission or licencing agreement? Quote Link to comment Share on other sites More sharing options...
Earbrass Posted April 21, 2016 Share Posted April 21, 2016 [quote name='Billy Apple' timestamp='1461238500' post='3032725'] When others are making a buck not just playing songs, but using the whole image and likeness is is not right that there should be some kind of permission or licencing agreement? [/quote] Maybe they should be run as franchises. The tribute market is, after all, essentially about using an established artist's brand to generate income. Surely the artists who developed those brands should be able to license their use, and exercise some quality control? Quote Link to comment Share on other sites More sharing options...
funkgod Posted April 21, 2016 Author Share Posted April 21, 2016 (edited) [quote name='Billy Apple' timestamp='1461238500' post='3032725'] When others are making a buck not just playing songs, but using the whole image and likeness is is not right that there should be some kind of permission or licencing agreement? [/quote] I think even playing the songs in a trib band is a gray area, esp if selling cds and using the songs on your site as promo. Im in a big blues band that do modern blues that do a fair number of Lloyd jones tracks, a sort of half tribute to him, ..Now I think its his own fault cus the songs are just so dam catchy , we did a demo with about 5 of his tracks and found we had a chance to play them on radio merseysideliverpool so i contacted lloyd jones and asked if it would be ok, and sent him a copy of the cd, he said thanks for asking him, he thought it was great that a band in the uk was promoting his stuff and go ahead. what an out and out nice guy. [url="http://www.lloydjonesmusic.com/schedule.htm"]http://www.lloydjone...om/schedule.htm[/url] i think everyone is so accessable now with the internet its nothing just to ask. Edited April 21, 2016 by funkgod Quote Link to comment Share on other sites More sharing options...
Bassassin Posted April 21, 2016 Share Posted April 21, 2016 I assume most artists who are "tributed" appreciate that trib acts actually help maintain their fanbase & profile, typically in the twilight of the original artist's career. It can hardly be seen as detrimental, however you look at it. Meatloaf though - clealy a glutton for cash [i]and[/i] pies. Jon. Quote Link to comment Share on other sites More sharing options...
Sammers Posted April 21, 2016 Share Posted April 21, 2016 I can't see the problem really, Meatloaf was just protecting his image wasn't he? Quote Link to comment Share on other sites More sharing options...
Geek99 Posted April 21, 2016 Share Posted April 21, 2016 It's his choice to say OK or to request "cease and desist", it's his image that's being aped Quote Link to comment Share on other sites More sharing options...
ambient Posted April 21, 2016 Share Posted April 21, 2016 Begs the question, why would you want to impersonate Meat Loaf in the first place ? Also Meat Loaf should maybe feel honoured that someone does . Imitation is the most sincere form of flattery. Quote Link to comment Share on other sites More sharing options...
Billy Apple Posted April 21, 2016 Share Posted April 21, 2016 [quote name='Bassassin' timestamp='1461239808' post='3032762'] Meatloaf though - clealy a glutton for cash [i]and[/i] pies. [/quote] Quote Link to comment Share on other sites More sharing options...
KevB Posted April 21, 2016 Share Posted April 21, 2016 (edited) I suspect off the record many major artists guage how 'big' they are by the numbers of trib's they spawn and in how many regions of the globe. Edited April 21, 2016 by KevB Quote Link to comment Share on other sites More sharing options...
Geek99 Posted April 21, 2016 Share Posted April 21, 2016 [quote name='ambient' timestamp='1461243826' post='3032825'] Begs the question, why would you want to impersonate Meat Loaf in the first place ? Also Meat Loaf should maybe feel honoured that someone does . Imitation is the most sincere form of flattery. [/quote] Surely that would depend on whether he feels both imitated AND flattered ? Quote Link to comment Share on other sites More sharing options...
police squad Posted April 21, 2016 Share Posted April 21, 2016 I saw Meatloaf on his farewell tour. He was shockingly bad. Voice is totally knackered. The band were fabulous Quote Link to comment Share on other sites More sharing options...
Dan Dare Posted April 21, 2016 Share Posted April 21, 2016 Imitation and flattery are all very well, but people have a living to make. Even if you don't like ML (and I don't), he's entitled to say it's his image, his songs are his intellectual property and that people out there making good money out of them should pay him for the privilege. Quote Link to comment Share on other sites More sharing options...
ambient Posted April 21, 2016 Share Posted April 21, 2016 (edited) It may also be the case that people see the tribute, who've never heard of the original artist, and even in the case of meatloaf like him, and buy his records. I actually thought meatloaf was dead. Edited April 21, 2016 by ambient Quote Link to comment Share on other sites More sharing options...
Lw. Posted April 21, 2016 Share Posted April 21, 2016 [quote name='Dan Dare' timestamp='1461250405' post='3032900'] Imitation and flattery are all very well, but people have a living to make. Even if you don't like ML (and I don't), he's entitled to say it's his image, his songs are his intellectual property and that people out there making good money out of them should pay him for the privilege. [/quote] But that's got nothing to do with the law-suit in question. The issue was the website name was passing-off as Meatloaf - if the website had been the tribute's performing name, Batoutofhell.com or just meatloaftribute.com it would have been fine but just using the original name & having a different ending is not ok & will always lose in court. It's really not got much to do with being a tribute artist & all to do with the naming of the website which is why the compensation was so small. Assuming the tribute artist did gigs & ML wrote [at least some of] his own music ML will be receiving his fair share of earnings from the tribute's usage anyway via venue music licensing. Quote Link to comment Share on other sites More sharing options...
PaulWarning Posted April 21, 2016 Share Posted April 21, 2016 (edited) I would have thought that if you make in obvious that you're a tribute act in name it's ok, but this guys web address didn't do that so I can understand Meatloaf being pissed, I've just checked it out www.meatloaf.org it's now the genuine article so I guess they reached some sort of compromise Edited April 21, 2016 by PaulWarning Quote Link to comment Share on other sites More sharing options...
ubit Posted April 21, 2016 Share Posted April 21, 2016 I know of a Bryan Adams tribute band who are sh*t! I wish Bryan would sue them! Quote Link to comment Share on other sites More sharing options...
leschirons Posted April 21, 2016 Share Posted April 21, 2016 [quote name='Earbrass' timestamp='1461239143' post='3032747'] Maybe they should be run as franchises. The tribute market is, after all, essentially about using an established artist's brand to generate income. Surely the artists who developed those brands should be able to license their use, and exercise some quality control? [/quote] Exercise some quality control??? You're just trying to take all the fun out it now. There's nothing better than a really bad tribute act. Quote Link to comment Share on other sites More sharing options...
Mykesbass Posted April 21, 2016 Share Posted April 21, 2016 [quote name='ubit' timestamp='1461254313' post='3032961'] I know of a Bryan Adams tribute band who are sh*t! I wish Bryan would sue them! [/quote] Got it spot on then? Quote Link to comment Share on other sites More sharing options...
BottomE Posted April 21, 2016 Share Posted April 21, 2016 [quote name='Earbrass' timestamp='1461239143' post='3032747'] Maybe they should be run as franchises. The tribute market is, after all, essentially about using an established artist's brand to generate income. Surely the artists who developed those brands should be able to license their use, and exercise some quality control? [/quote] Great idea. You could also put the auditions on a TV show and get the band to choose the winners! Another slant for the reality market. If Channel 4 won't do it Sky will. Alternatively, you could do a show on Inner City Sumo. Quote Link to comment Share on other sites More sharing options...
ubit Posted April 22, 2016 Share Posted April 22, 2016 [quote name='Mykesbass' timestamp='1461267135' post='3033213'] Got it spot on then? [/quote] Quote Link to comment Share on other sites More sharing options...
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