Metallica Sue CDN Band Over E, F Chords

Subject: Metallica Sue CDN Band Over E, F Chords
From: GUEST
Date: 16 Jul 03 - 06:57 PM

Metallica Sue Canadian Band over E, F Chords
07.15.2003 1:55 PM EDT

"It's just a matter of a band having the right to protect the chords it uses. I couldn't start up my own soft drink company using the exact same formula as Coca-Cola." — Jill Pietrini, Metallica's lawyer

MONTREAL — Metallica are taking legal action against independant Canadian rock band Unfaith over what they feel is unsanctioned usage of two chords the band has been using since 1982 : E and F.

"People are going to get on our case again for this, but try to see it from our point of view just once," stated Metallica's Lars Ulrich. "We're not saying we own those two chords, individually - that would be ridiculous. We're just saying that in that specific order, people have grown to associate E, F with our music."

Metallica filed a trademark infringement suit against the indie group at the US district court for central California on Monday. According to the drummer, the continued use of the two chords causes "confusion, deception and mistake in the minds of the public".

Metallica's lawyer, Jill Pietrini, told us that the band decided to take legal action only after first sending a letter of complaint to the Canadian band's singer/songwriter, Erik Ashley.

"We sent a demand letter and haven't reached a resolution, so we had to sue," she said. "They continue to shamelessly feature the two chords on their website song samples and we just can't have that."

Ashley, in the meantime, is still shocked by the entire story, and hasn't yet decided how the band will respond.

"I thought it was a prank at first," he told us. "Now I'm not sure what to think."

Ulrich states that he's not trying to prevent Unfaith from using the two chords, only that he feels Metallica should be credited for them whenever used, and is calling for 50% of all revenue generated from any song using them.

"It's nothing personal against them," he added. "We intend to enforce our rights with any band intending to use Metallica-branded chords in the future."

This marks the first time anything of this kind has ever been tried in court, and it will be interesting to see how things develop.

Metallica's website has issued an official statement on the suit here.

Unfaith's official website hasn't officially responded at print time.

—Joe D'Angelo

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Mudlark
Date: 16 Jul 03 - 07:07 PM

Surely this is a windup?!?

"We're not saying we own those two chords, individually - that would be ridiculous." Not as ridiculous as the whole quote...

So I guess playing F,E would be OK then? But for how long?

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: BanjoRay
Date: 16 Jul 03 - 07:12 PM

In this sort of court case, there's always a key witness who's a music history expert who can always find previous examples of when a sequence was used before either party used it.
Cheers
Ray

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: GUEST,Blind Drunk In Blind River
Date: 16 Jul 03 - 08:29 PM

I have obtained a U.S. Copyright on the C chord at the first position. Now, I am magnanimously willing to share this treasured family heirloom, but only at a price. Everytime you play a C chord - at home, in concert, whatever - just send me 1 cent each time you use it. Now, one little penny isn't a lot of money for an important chord like that, so be honest and pony up your cash.

If you are currently strapped for cash flow, I also generously accept Microsoft stock, appreciated real estate, prewar Martins, and similar items.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Anthy Boi
Date: 16 Jul 03 - 08:30 PM

my names Anthoney Sederus and i am a loyal Metalica fan i love the mud cake cafe

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Mark Cohen
Date: 17 Jul 03 - 12:52 AM

Actually, if you read the article, it's not the E and F chords they're concerned about. It's an E-comma chord, followed by an F. I think we'd all agree that makes a big difference. Although they didn't say how closely it needs to be followed....could be a loophole there.

Aloha,
Mark

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Pied Piper
Date: 17 Jul 03 - 05:00 AM

This reminds me of a story I read in Sound on Sound mag, about a guy who had written a program that could produce all the possible tunes of 1 min long. It took about a day on a Cray to come up with your tune but when it did, because he had a patent on the program he owned the copyright to your tune!
Mercifully I heard no more about such an obscene idea, so I hope it died the death it so richly deserved.

All the best PP

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: George Papavgeris
Date: 17 Jul 03 - 05:08 AM

What a load of bolxxxxs! The E-F chord sequence has been used for centuries, and most people worldwide would in fact associate it with Spanish (and especially flamenco) music.

I think Metallica for once may have bitten off more than they can chew, and are laying themselves open to charges of misappropriating cultural heritage. I'll flag the case to the Spanish Embassy; let's see what they have to say...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Maryrrf
Date: 17 Jul 03 - 08:42 AM

I think Metallica has gone too far. Perhaps they are having financial problems and need the money?

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: GUEST,Anto Sproinger
Date: 17 Jul 03 - 08:57 AM

Hello I have also Mitalica fan and want to let youse know that from now on I own teh key of "h". If any of youse want to use that baby again youse will have to send me... eh... your whole dole cheque. Looking forward to an early retirement Anto. By the way Mitalica rocks.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Doktor Doktor
Date: 17 Jul 03 - 09:46 AM

Hey!

They'll also get royalties from fire trucks & ambulances world-wide !!!!

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Billy Suggers
Date: 17 Jul 03 - 09:55 AM

We wish to remind the community that the BBTWTA* share (with Nigel) ownership of the chord of E Nigel**.

This case prompts me to be extra-vigilant at sessions in future - any hint of the unmistakeable spine-tingling, tooth-loosening disconsonance will trigger an immediate demand for all your worldly effects. And your women(subject to surveyor's inspection and approval).

* The Beerfordbury Barrel-Tappers & Wine Tipplers Association Inc

** Somewhere between E##15 and F demented

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: nickp
Date: 17 Jul 03 - 10:34 AM

Isn't E##15 the same as F#15? Therefore the sequence is reversed down to Fdem. Unless you played it backwards.... don't suppose there are any subliminal Malotticker lyrics hidden there then...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Nerd
Date: 17 Jul 03 - 12:00 PM

I have copyrighted a gesture in which I close a fist, but leave the middle finger extended. I can't wait for my royalties to arrive!

Seriously, though, this must be a joke; I refuse to believe it based on an anonymous GUEST post, especially with two Metallica fans winding us up, both named Anthony. Just too fishy...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Kim C
Date: 17 Jul 03 - 12:05 PM

well, I don't know if the story's true or not... but it was my understanding that a chord progression by itself can't be copyrighted. Melodies, on the other hand, that's a different story.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Maryrrf
Date: 17 Jul 03 - 01:45 PM

According to the website of the band that's being sued, it's true.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Clinton Hammond
Date: 17 Jul 03 - 01:57 PM

URL for this band please???

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Devilmaster
Date: 17 Jul 03 - 02:02 PM

If its true.....

For the amount of time Metallica has spent the past few years suing everyone they can think of, they could have come out with a couple new albums....

Sheesh.

Just my opinion, of course.

Steve

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Clinton Hammond
Date: 17 Jul 03 - 02:26 PM

According to Snopes it's not true...

Not like snopes has never been wrong before... just not very often at all...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Sorcha
Date: 17 Jul 03 - 02:27 PM

Unfaith

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Amos
Date: 17 Jul 03 - 02:32 PM

Absolutely ridiculous. ANyone ever heard any 19th century Flamenco guitar? Excyoooooose me?? LOL!!


A

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Clinton Hammond
Date: 17 Jul 03 - 02:34 PM

So it's a ploy to get people to sign up for Unfaiths email newsletter...

That's too bad... I was hoping that this in fact was the end of Lar Ulrich's mind...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: DADGBE
Date: 17 Jul 03 - 02:47 PM

While preparing to film a movie entitled A Night in Casablanca, the Marx brothers received a letter from Warner Bros. threatening legal action if they did not change the film's title. Warner Bros. deemed the film's title too similar to their own Casablanca, released almost five years earlier in 1942, with Humphrey Bogart and Ingrid Bergman. In response Groucho Marx dispatched the following letter to the studio's legal department:

Dear Warner Brothers,

Apparently there is more than one way of conquering a city and holding it as your own. For example, up to the time that we contemplated making this picture, I had no idea that the city of Casablanca belonged exclusively to Warner Brothers. However, it was only a few days after our announcement appeared that we received your long, ominous legal document warning us not to use the name Casablanca.

It seems that in 1471, Ferdinand Balboa Warner, your great-great-grandfather, while looking for a shortcut to the city of Burbank, had stumbled on the shores of Africa and, raising his alpenstock (which he later turned in for a hundred shares of common), named it Casablanca.

I just don't understand your attitude. Even if you plan on releasing your picture, I am sure that the average movie fan could learn in time to distinguish between Ingrid Bergman and Harpo. I don't know whether I could, but I certainly would like to try.

You claim that you own Casablanca and that no one else can use that name without permission. What about "Warner Brothers"? Do you own that too? You probably have the right to use the name Warner, but what about the name Brothers? Professionally, we were brothers long before you were. We were touring the sticks as the Marx Brothers when Vitaphone was still a gleam in the inventor's eye, and even before there had been other brothers—the Smith Brothers; the Brothers Karamazov; Dan Brothers, an outfielder with Detroit; and "Brother, Can You Spare a Dime?" (This was originally "Brothers, Can You Spare a Dime?" but this was spreading a dime pretty thin, so they threw out one brother, gave all the money to the other one, and whittled it down to "Brother, Can You Spare a Dime?")

Now Jack, how about you? Do you maintain that yours is an original name? Well it's not. It was used long before you were born. Offhand, I can think of two Jacks—Jack of "Jack and the Beanstalk," and Jack the Ripper, who cut quite a figure in his day.

As for you, Harry, you probably sign your checks sure in the belief that you are the first Harry of all time and that all other Harrys are impostors. I can think of two Harrys that preceded you. There was Lighthouse Harry of Revolutionary fame and a Harry Appelbaum who lived on the corner of 93rd Street and Lexington Avenue. Unfortunately, Appelbaum wasn't too well-known. The last I heard of him, he was selling neckties at Weber and Heilbroner.

Now about the Burbank studio. I believe this is what you brothers call your place. Old man Burbank is gone. Perhaps you remember him. He was a great man in a garden. His wife often said Luther had ten green thumbs. What a witty woman she must have been! Burbank was the wizard who crossed all those fruits and vegetables until he had the poor plants in such confused and jittery condition that they could never decide whether to enter the dining room on the meat platter or the dessert dish.

This is pure conjecture, of course, but who knows—perhaps Burbank's survivors aren't too happy with the fact that a plant that grinds out pictures on a quota settled in their town, appropriated Burbank's name and uses it as a front for their films. It is even possible that the Burbank family is prouder of the potato produced by the old man than they are of the fact that your studio emerged "Casablanca" or even "Gold Diggers of 1931."

This all seems to add up to a pretty bitter tirade, but I assure you it's not meant to. I love Warners. Some of my best friends are Warner Brothers. It is even possible that I am doing you an injustice and that you, yourselves, know nothing about this dog-in-the-Wanger attitude. It wouldn't surprise me at all to discover that the heads of your legal department are unaware of this absurd dispute, for I am acquainted with many of them and they are fine fellows with curly black hair, double-breasted suits and a love of their fellow man that out-Saroyans Saroyan.

I have a hunch that his attempt to prevent us from using the title is the brainchild of some ferret-faced shyster, serving a brief apprenticeship in your legal department. I know the type well—hot out of law school, hungry for success, and too ambitious to follow the natural laws of promotion. This bar sinister probably needled your attorneys, most of whom are fine fellows with curly black hair, double-breasted suits, etc., into attempting to enjoin us. Well, he won't get away with it! We'll fight him to the highest court! No pasty-faced legal adventurer is going to cause bad blood between the Warners and the Marxes. We are all brothers under the skin, and we'll remain friends till the last reel of "A Night in Casablanca" goes tumbling over the spool.

Sincerely,

Groucho Marx

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Amergin
Date: 17 Jul 03 - 02:47 PM

I don't think it is too far fetched.... click here

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Amergin
Date: 17 Jul 03 - 02:51 PM

well according to snopes...it is false...metallica V unfaith

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Amos
Date: 17 Jul 03 - 03:01 PM

I LOVE the Marx letter.

Why can't more people write like that?

(Don't answer that!!!)

A

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Clinton Hammond
Date: 17 Jul 03 - 03:04 PM

Wow... dig that crazy echo in here eh Amergin...

:-)

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Amergin
Date: 17 Jul 03 - 03:15 PM

sorry clinton...i just have a tendency to not read your posts...

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: GUEST,leeneia
Date: 18 Jul 03 - 12:15 PM

Question re: "Metallica filed a trademark infringement suit against the indie group at the US district court for central California on Monday"

How did Metallica manage to obtain a trademark for the sounds in E and F? When did they do it, what font and colors did they specify, and how do they manage to put the little TM on a set of sounds?

Another question: Why weren't they told that this sort of thing should be filed in Southern California, not anyplace else?

I hae me doots.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: GUEST,Innocent Bystander
Date: 18 Jul 03 - 01:50 PM

If I am not mistaken, all litigation related to music is handled in the US Fifth Circuit Court of New York, which is proof enough that this is a bit of satire--not far off the mark, either!

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: GUEST,Pete Peterson
Date: 25 Jul 03 - 08:43 AM

I am informed that the 5th circuit includes Nashville, not New York (which is in the 2nd circuit).
"Like the thirteenth stroke of a clock; not only ridiculous, but casting into doubt everything that has come before."

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: artbrooks
Date: 25 Jul 03 - 11:17 AM

Check the link...Unfaith says the story is a satire...their word, not mine.

Subject: RE: Metallica Sue CDN Band Over E, F Chords
From: Don Firth
Date: 25 Jul 03 - 07:37 PM

Back in the early Sixties when everybody was trying to copyright traditional songs ("Somebody's gonna get the royalities, so why not me!??"), several people tried to claim copyright on Greensleeves, and some nineteen people had copyrights on Darlin' Corey. Fun and games!

Actually, I'm sorry to hear that this is a hoax. I figured that if they actually got away with it, I was going to try to get a patent on sex.

Don Firth