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rights are intended to shield a creator's intellectual creations and prevent unauthorized use of their work. Yet, their effectiveness can be questionable, as anyone familiar with Napster in the early 2000s can attest. While Metallica is often associated with copyright battles, there are other fascinating cases of infringement worth exploring.
The Case of the Girl Scouts and Royalties
Owning a copyright for a song or creative work grants exclusive rights not only to record and reproduce it but also to publicly perform or broadcast it. This means that any group performing a cover version of your song or even a business playing it as hold music owes you royalties, as these actions are considered public performances.
Given the impracticality of individual bands or composers collecting royalties from every performance, intermediaries called performance rights organizations step in. In the U.S., the two largest non-profits, BMI and ASCAP, manage extensive song portfolios, collect royalties from venues like bars, restaurants, and music halls, and distribute payments to copyright holders.
While this system is intriguing, how does it connect to the Girl Scouts? In 1995, ASCAP targeted summer camps for publicly performing copyrighted campfire songs without licensing fees. Legally justified, ASCAP's demand for annual fees up to $1400 from non-profit camps, including Girl Scouts, sparked public outrage. Media coverage highlighted young campers forced to learn the Macarena in silence, drawing widespread criticism.
Public backlash grew as stories emerged of camps avoiding songs like "Happy Birthday" to evade fines. Eventually, ASCAP compromised, charging the Girl Scouts a nominal $1 annual fee to license its portfolio, reaffirming its right to enforce such fees while easing public tension.
Apple Faces a Creativity Controversy
In June 2007, Apple Computers faced a copyright dispute when photographer Louis Psihoyos accused the company of using his image of a video wall in an Apple TV ad without permission. The similarities were striking: Psihoyos' work featured a seated figure surrounded by screens, while Apple's ad mirrored the concept but omitted the figure. Adding to Apple's troubles, Psihoyos' lawyer alleged that Apple had initially sought to license the image but later abandoned the deal and used it regardless.
Psihoyos initially filed a lawsuit against Apple in U.S. District Court but later decided to withdraw the case. However, the dismissal was with prejudice, leaving the possibility open for the artist to secure a settlement in the future.
The Tale of Chuck Berry and the Beach Boys
While many attribute the start of song plagiarism to Vanilla Ice borrowing the bassline from David Bowie and Queen's "Under Pressure" for "Ice, Ice Baby," the practice dates back much further. Even legendary artists have succumbed to the allure of borrowing more than just a few chords. A prime example is the Beach Boys' iconic track "Surfin' USA." Released in 1963, the song credited Brian Wilson as its sole composer, yet its melody was nearly identical to Chuck Berry's "Sweet Little Sixteen." Listen to both tracks to see the resemblance.
When Chuck Berry accused Brian Wilson of copying his melody, Murray Wilson, the Beach Boys' manager and Brian's father, handed over the song's copyright to Berry. However, the band members were kept in the dark and only discovered decades later that they no longer earned royalties from the track, with Berry now credited as its writer. Interestingly, Berry reportedly enjoyed "Surfin' USA."
Ethan Trex grew up idolizing Vince Coleman, and he still holds that admiration today. Ethan co-authors Straight Cash, Homey, the Internet's leading destination for photos of people sporting Ryan Leaf jerseys.
