An established fan base isn't necessarily about how long they've been around for. Her fanbase won't be as big as RHCP but it's there, stemed 2 years ago from X Factor.
Diana certainly DID have quite a fanbase a couple of years ago, where tens of thousands of people were paying money to keep her on the X Factor every week, however, I think she's lost some of that fanbase over time, largely due to the massive break she took before releasing her first single, I think.
John Frusciante is like every other guitarist/songwriter in history, myself included, you write building off what you know from other songs, what you're listening to at the time. It just comes naturally.
The main difference with the Diana Vickers' song is that they've pretty much robbed the melody line from the chorus of Under The Bridge. That's totally different to playing a similar guitar part to another song.
John Frusciante is like every other guitarist/songwriter in history, myself included, you write building off what you know from other songs, what you're listening to at the time. It just comes naturally.
The main difference with the Diana Vickers' song is that they've pretty much robbed the melody line from the chorus of Under The Bridge. That's totally different to playing a similar guitar part to another song.
I agree. Every songwriter at some point copies stuff and turns it into something else, i can name lots of songs that sound very very similar, but RHCP arnt suing her because it sounds similar, their suing because its note for note a direct copy of Under The Bridge chorus except she's changed the words. Very stupid to admit it aswell in an interview.
Ridiculous on RHCP part.
First of all, yes it sounds a bit like, but it wasn't a complete copy of it.
And around 90% of artists "sample" songs nowadays, and to sue someone who has just had a few months since her debut is a bit low.
Yeah but when someone samples an old song, they acknowledge it and actually get permission to do it first. Diana just nicked a bit of a classic song and admitted it in this interview without realising that she was inviting a lawsuit. Silly girl!
Ridiculous on RHCP part.
First of all, yes it sounds a bit like, but it wasn't a complete copy of it.
And around 90% of artists "sample" songs nowadays, and to sue someone who has just had a few months since her debut is a bit low.
It is shameless rip-off. If you can't hear it then I would suggest a hearing test. Then again maybe the people who go out buying this type of tat should all book themselves in for one too.
My first thought on hearing DV on X Factor last night was that she'd ripped off RHCP, without knowing anything about this law suit or the interview (I even started singing along - "I don't ever want to feel", etc.). I'm not surprised they're suing her. Artists should have some protection from others blatantly appropriating their work, and the way they get that is by taking the offending artists to court. I think it's fair they're suing her
She should have got clearance and then she wouldn't be in this situation. Many artists use samples and don't get sued because they got permission first. It's probably more the fault of the record company than Diana herself.
She should have got clearance and then she wouldn't be in this situation. Many artists use samples and don't get sued because they got permission first. It's probably more the fault of the record company than Diana herself.
It's not a sample though, so she couldn't have got clearance. What she should have done is write her own music instead of using someone elses for the chorus of her song.
I hope Vickers gets sued for every penny they've got. Red Hot Chili Peppers are great and they don't deserved to get ripped off by the dumb blonde skank. The chords are the same, the rhythm of the chords are the same and the rhythm and pitch of the bass and vocals are the same. If she doesn't get sued, it will be a travesty.
I hope Vickers gets sued for every penny they've got. Red Hot Chili Peppers are great and they don't deserved to get ripped off by the dumb blonde skank. The chords are the same, the rhythm of the chords are the same and the rhythm and pitch of the bass and vocals are the same. If she doesn't get sued, it will be a travesty.
I'm shocked by the amount of people who think it's perfectly okay to steal the work of others. She ADMITTED it.
I'm an author and a designer. Is it okay for other authors to steal my work? Is it okay for someone to take the design that I created and make money from selling it?
I'm shocked by the amount of people who think it's perfectly okay to steal the work of others. She ADMITTED it.
I'm an author and a designer. Is it okay for other authors to steal my work? Is it okay for someone to take the design that I created and make money from selling it?
No?
How is this different?
Exactly, it's no different. Artist should be protected from this kind of thing and if it takes going to court to get that protection then that's what it takes. No doubt DV will think twice next time before ripping someone off after (probably) losing a chunk of her royalties for this single and the album it appears on.
I'm shocked by the amount of people who think it's perfectly okay to steal the work of others. She ADMITTED it.
I'm an author and a designer. Is it okay for other authors to steal my work? Is it okay for someone to take the design that I created and make money from selling it?
No?
How is this different?
I don't see why you're surprised considering the amount of illegal downloading and uploading of music that goes on. People have no respect for creative content covered by copyright.
The RHCP's song Snow (Hey Oh) is remarkably similar to Eagle Eye Cherry's Save Tonight, both in its rhythm and chord progression. They are hypocrites to suddenly be all moralistic and self-righteous about the subject of plagiarism.
They were obviously happy enough to let All Saint's rape under the bridge, which is a hugely personal track. Such scant regard for the sanctity of their music makes this particular claim seem somewhat shallow.
Although I highly doubt the band members of RHCP are to blame for any of this. Some blokes in suits are.
As I recall, you don't need to ask permission to sample a song or cover it, as you as you pay the correct royalties to the original writers
No, you don't need to ask permission, you can just go ahead and do it, but the original artist (or copyright/publishing rights holder) can ask for the track using the sample to be recalled and removed from sale if they don't like the way it's been used. If they allow it to go ahead they can then ask for a chunk of the royalites, up to 100% in some cases.
They were obviously happy enough to let All Saint's rape under the bridge, which is a hugely personal track. Such scant regard for the sanctity of their music makes this particular claim seem somewhat shallow.
That was a cover version though, All Saints weren't trying to pass it off as their own work like DV. RHCP will have got well paid for that.
Although I highly doubt the band members of RHCP are to blame for any of this. Some blokes in suits are.
Depends whether they hold the publishing rights to their own work or not I think. A lot of bands don't.
No, you don't need to ask permission, you can just go ahead and do it, but the original artist (or copyright/publishing rights holder) can ask for the track using the sample to be recalled and removed from sale if they don't like the way it's been used. If they allow it to go ahead they can then ask for a chunk of the royalites, up to 100% in some cases.
Yes, there are some who used samples, didn't clear them, and then found they were in the middle of complicated litigation, with the original artists looking for a total of more than 100% of the royalties. You're right - you don't have to clear samples; there are countless bedroom musicians like me who use samples for their own entertainment in music that will never be heard by anyone else. And a sample user who wants to use it in a commercial release can always take the chance that no-one will find out - more likely with, say, a sample of a quarter of a second of a snare sound than with a loop lasting several seconds.
Comments
The main difference with the Diana Vickers' song is that they've pretty much robbed the melody line from the chorus of Under The Bridge. That's totally different to playing a similar guitar part to another song.
I agree. Every songwriter at some point copies stuff and turns it into something else, i can name lots of songs that sound very very similar, but RHCP arnt suing her because it sounds similar, their suing because its note for note a direct copy of Under The Bridge chorus except she's changed the words. Very stupid to admit it aswell in an interview.
First of all, yes it sounds a bit like, but it wasn't a complete copy of it.
And around 90% of artists "sample" songs nowadays, and to sue someone who has just had a few months since her debut is a bit low.
Yeah but when someone samples an old song, they acknowledge it and actually get permission to do it first. Diana just nicked a bit of a classic song and admitted it in this interview without realising that she was inviting a lawsuit. Silly girl!
It is shameless rip-off. If you can't hear it then I would suggest a hearing test. Then again maybe the people who go out buying this type of tat should all book themselves in for one too.
It's a really basic progression in the chorus that sounds similar, nothing more.
I'm a RHCP fan and not DV, but even I can say the whole ordeal is a little extreme
It's not a sample though, so she couldn't have got clearance. What she should have done is write her own music instead of using someone elses for the chorus of her song.
Calm down, dear.
I'm an author and a designer. Is it okay for other authors to steal my work? Is it okay for someone to take the design that I created and make money from selling it?
No?
How is this different?
Exactly, it's no different. Artist should be protected from this kind of thing and if it takes going to court to get that protection then that's what it takes. No doubt DV will think twice next time before ripping someone off after (probably) losing a chunk of her royalties for this single and the album it appears on.
I don't see why you're surprised considering the amount of illegal downloading and uploading of music that goes on. People have no respect for creative content covered by copyright.
Although I highly doubt the band members of RHCP are to blame for any of this. Some blokes in suits are.
No, you don't need to ask permission, you can just go ahead and do it, but the original artist (or copyright/publishing rights holder) can ask for the track using the sample to be recalled and removed from sale if they don't like the way it's been used. If they allow it to go ahead they can then ask for a chunk of the royalites, up to 100% in some cases.
That was a cover version though, All Saints weren't trying to pass it off as their own work like DV. RHCP will have got well paid for that.
Depends whether they hold the publishing rights to their own work or not I think. A lot of bands don't.