Just two days ago I sat laughing and carrying on in a radio station production studio all charged up about how Monster Energy Drink has shaved off the competition by being modernized masters of guerilla promotions.
Oops...
Something's not smelling all too fresh in the legal buzz department.
Before passing away Beastie Boy Adam Yauch announced his unflavored support for the band's music to be featured in advertising, Rollingstone Magazine reports Monster makers might wanna stay up late late at night and figure out how they're gonna get out a copyright infringement case.
I love to hang stories up like this in my studio.
Those brain dead production sessions when advertising clients whip out what they think is a brilliant idea, "Let's use Lady Gaga or Britney Spears in the background!"
Not even an Atom bomb could split the very second just set on fire within the tips of my lips, "I can't produce it. Not just today but never. I don't care if you fly me to an old fashioned secret Russian protecting bunker in Butte, Montana or we've survived the rebirth of Jesus Christ; It's not happening without someone latching onto a written permission slip from the high school principals of music."
"Oh really? Why?"
Seriously? Can we talk about this?
I can still hear Eric Clapton and Phil Collins ringing in my head! Attaching their songs to a late 80's Michelob commercial forcing me to change the radio dial some 20 rock chapters down the Highway to Hell.
The Beatles Revolution lost its faceless impact the moment NIKE ignited their campaign.
I totally lost it when KULR in Billings, Montana adopted the song Still The One from Orleans as a theme in the 70's. Only to see WBTV in the 90's go all out EMF with Unbelievable.
Now that both songs are qualified to be played on 1029 The Lake on I Heart Radio as a variety hit. I do hit! The dial!
I know! It's what the client wants!
Like a Rock from Bob Seger made the Detroit Kid a ton of cash. Born in The USA from Springsteen made the Boss very mad.
The client wants success! What they're doing is shoving listeners into an oddly shaped of process of thoughts:
1. I hate this radio station for talking over my favorite song!
2. If I hear Black Eyed Peas I Gotta Feeling one more time I'm gonna rip the feeling out of their throats!
Then again, wasn't it Barry Manilow that said, "Jingles are nothing more than shorter versions of very memorable songs."
Rollingstone explains: In a suit filed yesterday in New York federal court by Mike Diamond, Adam Horovitz and Denchen Yauch, Yauch's widow and the executor of his estate, the Beastie Boys claim that Monster included parts of "Sabotage," "So Whatcha Want," Make Some Noise" and "Looking Down the Barrel of a Gun" in a promotional video posted on Monster's website, along with a 23-minute medley of Beastie Boys songs made available for download as an mp3. The songs were taken from footage of a live set by DJ Z-Trip at the Monster-sponsored Canadian festival Ruckus in the Rockies, held a few days after Yauch died in May.
Because of Monster's unauthorized use of the Beastie Boys' music, the complaint says, "the public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Monster in promoting defendant Monster's productions and promotional events." The band claims that Monster's use of its music will cause "irreparable damage" and seeks the removal of the video and mp3 from Monster's website and unspecified monetary damages.
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