I recently managed to secure an interview with Bart Steele, who's known around fan circles as "the guy suing Bon Jovi for $400 billion". Bart took great pains to point out that his copyright infringement case is a bit more complicated than that. Basically he believes his baseball anthem "Man I Really Love This Team" was used as a temp track for the MLB/TBS commercial featuring Bon Jovi's "I Love This Town". But click on the links below to read it in his own words.
I ended up splitting what Bart told me into four articles:
Bart Steele talks about temp tracking
Why Steele claimed $400 billion
Steele denies suing for publicity
Steele reflects on the case (some final questions in Q&A format)
So that's Bart Steele's story. You can make up your own mind.
But if anyone from the Bon Jovi camp wishes to comment, they can always contact me. Hey, I can dream, can't I? ;)
Showing posts with label bart steele. Show all posts
Showing posts with label bart steele. Show all posts
Sunday, December 6, 2009
Monday, November 16, 2009
Boston songwriter files appeal in lawsuit against Red Sox, MLB, TBS, Bon Jovi, et al.
This press release landed in my inbox today in relation to the "I Love This Town" copyright infringement appeal. I have no vendetta against Bart Steele so I figure it's only fair that I reproduce this and let you, the readers decide.
For Immediate Release - November 15, 2009:
BOSTON SONGWRITER FILES APPEAL IN LAWSUIT AGAINST RED SOX, MLB, TBS, BON JOVI, et al.
Dispute Centers on TBS/Major League Baseball Commercial
Bart Steele, a songwriter living in Chelsea, MA, has filed an appeal in his lawsuit against Turner Broadcasting, Major League Baseball, The Boston Red Sox, the rock band Bon Jovi, and other defendants. The case is Steele v. Turner Broadcasting et al, case #08-11727, and is pending in federal court in Boston. Steele argues that his song and an MLB/TBS commercial, which he believes was created using his work as a “temp track,” are similar enough to support his claim that the commercial infringes upon his copyright.
“Basically, the District Court believed the defendants’ argument that this was all a bunch of coincidences,” Steele says. “But it wasn’t. It was copyright infringement, pure and simple. In 2004, I wrote my Boston Red Sox-based country baseball anthem entitled ‘Man I Really Love This Team.'
“I emailed my song and also mailed the song with lyric sheets to the Red Sox and Major League Baseball several times, including in October 2004, June 2005, and June 2006. I also told them I had another version called 'Man I Really Love This Town' that could be used for any team in any town. To this day, neither the Red Sox nor Major League Baseball has denied receiving my letters, song, and lyric sheets. I never heard back from them.
“Three years later, MLB’s "I Love This Town" commercial aired on TBS, with Bon Jovi providing the audio. And I started getting phone calls asking me when I had sold my song. The answer was – and is - never.
“I was never asked for permission to use my work, much less paid or even given credit for it. Defendants admit, in Court documents, receiving my song in October 2004. Defendants have not denied receiving my letters informing them I had created a derivative work, which replaced “team” with “town.”
“Defendants admit “access,” which is a big part of any copyright claim. It is hard to believe TBS and MLB when they say their commercial’s similarities to my song were all a series of unbelievable ‘coincidences.’
Steele elaborates, “A close analysis of the MLB/TBS commercial proves that it, and the Bon Jovi audio, was derived from my work,” says Steele. “They left a pretty blatant trail of evidence behind,”
“There are just too many places where the visuals match up exactly with my lyrics to be coincidence. For example, at the exact time I am singing "Yawkey Way," the video shows a Yawkey Way street sign, and Bon Jovi is singing "this street." Another obvious example, at the exact time I sing "Tigers," the video shows a Detroit Tigers player."
“As for the lyrics, at the end of my song’s bridge I sing "come on and let ‘em know say here we go;" the Bon Jovi audio's bridge ends "come on now here we go again." Compare my song to the MLB commercial and see if you can find all the other 'coincidences.'
“In fact, over 50% of the commercial's lyrics are identical to, or paraphrased from my song, according to a number of professional musicians and video experts.
“96% of the commercial's frame-cut edits (149 of 155 video sequences) are in perfect synchronization with my song's tempo, beat, and measure. And the commercial and my song are exactly the same length, both fading out at 2:38.
Steele says the Court failed to properly consider his experts’ statements, and that is a major reason why he is appealing.
“I registered 3 titles as both writer & publisher with the American Society of Composers, Authors, and Publishers (ASCAP): 1) 'Man I Really Love This Team' 2) 'Man I Really Love This Town' and 3) 'Man I Love This Team,' and this can easily be confirmed at www.ascap.com by title search.
“Everyone tells me that this kind of thing happens all the time in the music business even though it’s illegal. The big corporations think musicians will just give up if they have to face a big law firm hired to wear them out. But I’m not giving up.
“When ASCAP saw my evidence, their exact words to me were: "We find it very hard to believe this was independent creation on their (Bon Jovi's) part with the whole baseball and video thing."
“ASCAP subsequently opened a “Discrepancy” case file and requested statements from me and from Bon Jovi. In fact, an ASCAP title search for “I Love This Town” returns only an ASCAP request to call the “Clearance Line” with respect to the “Discrepancy” on that title code (392590937). I replied immediately to ASCAP’s request.
“Bon Jovi never replied to ASCAP’s request.
“ASCAP eventually froze all royalties on Bon Jovi’s audio, "I Love This Town," from the MLB/TBS commercial.
“Amazingly, Bon Jovi never questioned or challenged ASCAP’s royalty freeze. Actually, since MLBAM (MLB’s non-baseball media/marketing arm) – and not Bon Jovi – owns the copyright to the TBS/MLB commercial, including the audio, maybe it’s not that amazing.”
Steele concludes, "Bon Jovi is a major client of MLBAM and has been for years. In fact, Bon Jovi, TBS, and MLB teamed up yet again just this fall to promote baseball on TBS. Please check for yourself, this is all public record."
To view and listen to the MLB commercial with Steele’s song, go to www.myspace.com/chelseacitycouncil
To view and listen to the MLB commercial with the Bon Jovi audio, go to http://mlb.mlb.com/news/press_releases/press_release.jsp?ymd=20070827&content_id=2173003&vkey=pr_mlb&fext=.jsp&c_id=mlb
For further understanding on how this happened
Google: Fenway Sports Group+FSG+Red Sox+MLBAM+Bon Jovi
For Immediate Release - November 15, 2009:
BOSTON SONGWRITER FILES APPEAL IN LAWSUIT AGAINST RED SOX, MLB, TBS, BON JOVI, et al.
Dispute Centers on TBS/Major League Baseball Commercial
Bart Steele, a songwriter living in Chelsea, MA, has filed an appeal in his lawsuit against Turner Broadcasting, Major League Baseball, The Boston Red Sox, the rock band Bon Jovi, and other defendants. The case is Steele v. Turner Broadcasting et al, case #08-11727, and is pending in federal court in Boston. Steele argues that his song and an MLB/TBS commercial, which he believes was created using his work as a “temp track,” are similar enough to support his claim that the commercial infringes upon his copyright.
“Basically, the District Court believed the defendants’ argument that this was all a bunch of coincidences,” Steele says. “But it wasn’t. It was copyright infringement, pure and simple. In 2004, I wrote my Boston Red Sox-based country baseball anthem entitled ‘Man I Really Love This Team.'
“I emailed my song and also mailed the song with lyric sheets to the Red Sox and Major League Baseball several times, including in October 2004, June 2005, and June 2006. I also told them I had another version called 'Man I Really Love This Town' that could be used for any team in any town. To this day, neither the Red Sox nor Major League Baseball has denied receiving my letters, song, and lyric sheets. I never heard back from them.
“Three years later, MLB’s "I Love This Town" commercial aired on TBS, with Bon Jovi providing the audio. And I started getting phone calls asking me when I had sold my song. The answer was – and is - never.
“I was never asked for permission to use my work, much less paid or even given credit for it. Defendants admit, in Court documents, receiving my song in October 2004. Defendants have not denied receiving my letters informing them I had created a derivative work, which replaced “team” with “town.”
“Defendants admit “access,” which is a big part of any copyright claim. It is hard to believe TBS and MLB when they say their commercial’s similarities to my song were all a series of unbelievable ‘coincidences.’
Steele elaborates, “A close analysis of the MLB/TBS commercial proves that it, and the Bon Jovi audio, was derived from my work,” says Steele. “They left a pretty blatant trail of evidence behind,”
“There are just too many places where the visuals match up exactly with my lyrics to be coincidence. For example, at the exact time I am singing "Yawkey Way," the video shows a Yawkey Way street sign, and Bon Jovi is singing "this street." Another obvious example, at the exact time I sing "Tigers," the video shows a Detroit Tigers player."
“As for the lyrics, at the end of my song’s bridge I sing "come on and let ‘em know say here we go;" the Bon Jovi audio's bridge ends "come on now here we go again." Compare my song to the MLB commercial and see if you can find all the other 'coincidences.'
“In fact, over 50% of the commercial's lyrics are identical to, or paraphrased from my song, according to a number of professional musicians and video experts.
“96% of the commercial's frame-cut edits (149 of 155 video sequences) are in perfect synchronization with my song's tempo, beat, and measure. And the commercial and my song are exactly the same length, both fading out at 2:38.
Steele says the Court failed to properly consider his experts’ statements, and that is a major reason why he is appealing.
“I registered 3 titles as both writer & publisher with the American Society of Composers, Authors, and Publishers (ASCAP): 1) 'Man I Really Love This Team' 2) 'Man I Really Love This Town' and 3) 'Man I Love This Team,' and this can easily be confirmed at www.ascap.com by title search.
“Everyone tells me that this kind of thing happens all the time in the music business even though it’s illegal. The big corporations think musicians will just give up if they have to face a big law firm hired to wear them out. But I’m not giving up.
“When ASCAP saw my evidence, their exact words to me were: "We find it very hard to believe this was independent creation on their (Bon Jovi's) part with the whole baseball and video thing."
“ASCAP subsequently opened a “Discrepancy” case file and requested statements from me and from Bon Jovi. In fact, an ASCAP title search for “I Love This Town” returns only an ASCAP request to call the “Clearance Line” with respect to the “Discrepancy” on that title code (392590937). I replied immediately to ASCAP’s request.
“Bon Jovi never replied to ASCAP’s request.
“ASCAP eventually froze all royalties on Bon Jovi’s audio, "I Love This Town," from the MLB/TBS commercial.
“Amazingly, Bon Jovi never questioned or challenged ASCAP’s royalty freeze. Actually, since MLBAM (MLB’s non-baseball media/marketing arm) – and not Bon Jovi – owns the copyright to the TBS/MLB commercial, including the audio, maybe it’s not that amazing.”
Steele concludes, "Bon Jovi is a major client of MLBAM and has been for years. In fact, Bon Jovi, TBS, and MLB teamed up yet again just this fall to promote baseball on TBS. Please check for yourself, this is all public record."
To view and listen to the MLB commercial with Steele’s song, go to www.myspace.com/chelseacitycouncil
To view and listen to the MLB commercial with the Bon Jovi audio, go to http://mlb.mlb.com/news/press_releases/press_release.jsp?ymd=20070827&content_id=2173003&vkey=pr_mlb&fext=.jsp&c_id=mlb
For further understanding on how this happened
Google: Fenway Sports Group+FSG+Red Sox+MLBAM+Bon Jovi
Wednesday, November 11, 2009
Bart Steele appeals I Love This Town verdict
Oh dear.
Remember that guy who sued Bon Jovi for $400 billion over "I Love This Town" and had his case dismissed?
Seems he's appealing. His statement on the matter can be read on antiMusic and on his MySpace blog.
Remember that guy who sued Bon Jovi for $400 billion over "I Love This Town" and had his case dismissed?
Seems he's appealing. His statement on the matter can be read on antiMusic and on his MySpace blog.
Sunday, August 23, 2009
Verdict: Bon Jovi didn't copy I Love This Town
Remember that guy who sued Bon Jovi for $400 billion claiming they plagiarised his song "Man I Really Love This Team" in "I Love This Town"?
Well not surprisingly, US District Court Judge Nathaniel M. Gorton has rejected Bart Steele's copyright claim.
You can read a PDF of the full decision at Massachusetts Lawyers Weekly's blog, The Docket.
Well not surprisingly, US District Court Judge Nathaniel M. Gorton has rejected Bart Steele's copyright claim.
As for claims that the two songs were lyrically similar, Gorton said that there were over 100 songs in an online database that use the phrase “I Love This…”
“The phrases ‘come on’ and ‘here we go’ are likewise too trite and common to warrant protection,” said Gorton.
“Another purported similarity, the fact that both songs rhyme ‘round’ with ‘town,’ is also commonplace as evinced by the fact that it is found in the popular children’s song ‘The Wheels on the Bus.’”
You can read a PDF of the full decision at Massachusetts Lawyers Weekly's blog, The Docket.
Saturday, October 11, 2008
Bon Jovi sued for... a hell of a lot more than Tommy & Gina will ever see!
The famous Bart Steele is now suing Bon Jovi and a bunch of other parties for $400 billion for copyright infringement. This is the guy who claims "I Love This Town" is a ripoff of his Red Sox tribute song "Man I Really Love This Team". I'd prefer not to reproduce the whole antiMusic article in a blog post about alleged copyright breaches, so you can read the story here.
http://www.antimusic.com/news/08/oct/10Exclusive-_Bon_Jovi_Facing_$400_Billion_Dollar_Lawsuit.shtml
Bart also sent antiMusic a copy of the lawsuit: Steele v Turner Broadcasting System Inc. et al
And his Myspace page, where you can hear the song in question and read his blogs: http://www.myspace.com/chelseacitycouncil
I was a little amused to find that Bart has put Joel Ellis, who accused Bon Jovi of stealing "I'll Be There For You" from him, in his top friends. :P
Bart says his song was used as a temp track. The main query I have about that is, while "I Love This Town" has been used to promote Major League Baseball, the song itself is about Nashville. I don't think the songs sound alike and can't really stand Bart's song enough to listen to it again while playing the MLB video on mute. But use your own ears.
http://www.antimusic.com/news/08/oct/10Exclusive-_Bon_Jovi_Facing_$400_Billion_Dollar_Lawsuit.shtml
Bart also sent antiMusic a copy of the lawsuit: Steele v Turner Broadcasting System Inc. et al
And his Myspace page, where you can hear the song in question and read his blogs: http://www.myspace.com/chelseacitycouncil
I was a little amused to find that Bart has put Joel Ellis, who accused Bon Jovi of stealing "I'll Be There For You" from him, in his top friends. :P
Bart says his song was used as a temp track. The main query I have about that is, while "I Love This Town" has been used to promote Major League Baseball, the song itself is about Nashville. I don't think the songs sound alike and can't really stand Bart's song enough to listen to it again while playing the MLB video on mute. But use your own ears.
Monday, August 11, 2008
Another musician seeks 15 more minutes
Here's the background: A few days ago, various sites latched onto Bart Steele's claim in Boston Magazine that Bon Jovi's song "I Love This Town" is a rip-off of his song "Man, I Really Love This Team". I don't know why the sudden publicity now, because it was old news (IIRC the story broke around May or June). But anyway, you can listen to Bart's song in the music player here and Bon Jovi's song here. Apart from the twang, they don't sound alike to me but Jovi haters have been quick to pounce on anything. ;)
Now for the new news. Apparently Sleaze Roxx received an e-mail yesterday from former Cats in Boots singer Joel Ellis claiming that Jon had stolen "I'll Be There For You" from him. To summarise, the e-mail says that after hearing the demo, Jon convinced Joel to give him the tape to give to his record company. Then when Joel heard Bon Jovi's "I'll Be There For You", he refused to sue because he didn't want to be compared to "a self righteous frosted hair perm boy" and "didn't care about that song". Later on, Joel says "I've always felt that people should know about this". Wonder why it took him some 19 years? The e-mail reads like your typical cliched Jovi bash... Not to mention the "bluesy" feel would suggest Richie Sambora might have had more to do with the song than Jon.
Click here to read the full e-mail.
Now for the new news. Apparently Sleaze Roxx received an e-mail yesterday from former Cats in Boots singer Joel Ellis claiming that Jon had stolen "I'll Be There For You" from him. To summarise, the e-mail says that after hearing the demo, Jon convinced Joel to give him the tape to give to his record company. Then when Joel heard Bon Jovi's "I'll Be There For You", he refused to sue because he didn't want to be compared to "a self righteous frosted hair perm boy" and "didn't care about that song". Later on, Joel says "I've always felt that people should know about this". Wonder why it took him some 19 years? The e-mail reads like your typical cliched Jovi bash... Not to mention the "bluesy" feel would suggest Richie Sambora might have had more to do with the song than Jon.
Click here to read the full e-mail.
Subscribe to:
Posts (Atom)