Bugger. Something in my subconscious was worrying me. Maybe if I cover the case in pictures of babies and nice old grandmas.. Perhaps they are now the best with guitars? If I can carry hand luggage great of course.. may have to suck and see.
I had to think about the melody for a minute.... I was wrong, it wasn't Waylon he lifted the music from... it was Merle Haggard. Tell me he didn't jack this melody... and got 18 Million views. Hack.
If he aped the melody, ASCAP and BMI will be there to collect any revenues for Merle's estate. The only way I know to carry a guitar on board is to buy another seat. I'd invest in an anvil case or something similar to check it.
I'll move it over to a guitar forum. I'm sure the law was changed in 2013 ? to force airlines to allow 'small' instruments 'like guitars' as hand luggage but what dimensions? I have a feeling they are being a little obstructive here..
Thats actually pretty tough to prove if its close but not exact. Led Zeppelin was sued a few years ago by an estate over "Stairway"... alleging they lifted the intro from a group called Spirit. If you listen to the song in question... its pretty damn obvious they did imo. But the plaintiffs lost the lawsuit. Tough to prove as most song are built on prior songs... many melodies going back a 100 years if not more. Interesting stuff really. https://www.rollingstone.com/music/news/led-zeppelin-prevail-in-stairway-to-heaven-lawsuit-20160623 Go to 0:45 and 1:52
It happens with books and movies. There was a case based on freaky similarities between the movie K-PAX 2001 with Spacey and the 1986 Argentinian movie "Man facing Southeast". Beautifully shot, worth a look. They are clearly the same story but when the writers spoke and discussed their inspirations they concluded it was just parallel evolution.
Led Zep had the power lawyers...no contest. But some internet satirist vs Merle's publishing company...fuggetaboutit.
Joe Diffie was sued for "Prop Me Up Beside The Jukebox" as I remember back in the 90's. There was a very similar song that some unknown songwriter had penned. It was like "Lay me down beside the Jukebox" or something. It went all the way to Federal Appeals in the 6th Circuit (TN) and Diffie won. But as I remember, the only reason the plaintiff lost was because they failed to prove that Diffie had ever heard the song. It passed the "reasonable audience" test, which is basically legal precedent applied to copyright stuff that doesn't require "expert analysis". However, I think they even brought in expert testimony that went into music theory and all that and that too agreed that Diffie jacked it. But in the end, like you said, the big money won. This particular legal specialty is growing and growing. More and more cases because of YouTube and the likes. You should become an expert witness Speedo. Sounds fun. Edit: Here ya go. Good stuff. https://www.leagle.com/decision/1999680177f3d5031634 2. The ordinary observer test requires the trier of fact to gauge the similarities of the two works solely on the basis of his "net impression" and without relying on expert analysis or dissection. 4 NIMMER § 13.03[E][2]. Also called the "audience" test, this approach has been criticized by at least one treatise-writer as formulaic, riddled with exceptions, increasingly less useful with the higher-technology works that are coming to dominate copyright law, and on questionable doctrinal footing. Id. § 13.03[E][1]. Nonetheless, it is and has been for decades the most common approach to copyright cases, and "until the Supreme Court validates or negates the audience test, the copyright bar will be left in suspense as to its ultimate validity." Id. § 13.03[E][1].
Gibson Files for Bankruptcy in Deal to Renew Guitar Business By Tiffany Kary and Emma Orr May 1, 2018, 8:24 AM EDT Updated on May 1, 2018, 11:31 AM EDT Gibson Brands Inc. filed for bankruptcy with a turnaround plan that gives some of the company’s lenders equity ownership of the iconic American business that’s supplied guitars to B.B. King, Elvis Presley and Pete Townshend. Support from senior secured noteholders will help Gibson repay bank loans while going through a "change of control" transaction, according to papers filed Tuesday with its Chapter 11 bankruptcy in Delaware. The petition shows the company owes as much as $500 million and that lenders will provide a new loan of up to $135 million to keep Gibson in business. The change in control will give noteholders equity in a new company, replacing current stockholders such as Chief Executive Officer Henry Juszkiewicz. According to court filings, current noteholders include Silver Point Capital, Melody Capital Partners and funds affiliated with KKR Credit Advisors. The restructuring will also allow the instrument business to "unburden" itself of a consumer-electronics unit that Gibson blamed for its financial woes. Leadership Plan Juszkiewicz, who has found himself at odds with creditors in recent months, will continue with the company upon emergence from bankruptcy “to facilitate a smooth transition,” according to the agreement. Court papers call for a one-year consulting deal and compensation package for Juszkiewicz. A representative for the company didn’t immediately respond to questions about whether Juszkiewicz will remain as CEO or in a separate role. A group of bondholders led by KKR-affiliated funds and advised by investment bank PJT Partners Inc. and Paul, Weiss, Rifkind, Wharton & Garrison LLP had been pushing for a restructuring that would hand them ownership of the guitar maker and let them install new leadership. Working with Jefferies LLC, the company had sought a sale or recapitalization, approaching 58 businesses and signing 27 non-disclosure agreements. Still, it said it didn’t have enough capital to pay down its debt and get more time to strike a deal, according to court filings. The group had declined to invest new funds in Gibson while Juszkiewicz remained in charge, Bloomberg previously reported. Gibson was engaged with negotiations with the creditor group in March, talks that ended because shareholders and KKR were “significantly divergent in their views regarding the appropriate consideration for the various parties involved,” according to a company statement. The company had also been talking with other potential investors in hopes of receiving new money to refinance its debt and take out the existing creditors. Failed Diversification Gibson, founded in 1894, sells over 170,000 guitars annually in 80 countries. Its guitars are U.S.-made, with factories in Nashville and Memphis, Tennessee, and Bozeman, Montana. It also sells studio monitors, headphones, turntables and other musical instruments. Units also include the company’s Baldwin Piano business. Its Gibson Innovations business, acquired in June 2014 from Koninklijke Philips NV, was the source of its financial woes, according to a court statement from Brian J. Fox, a managing director at Alvarez & Marsal who will serve as the company’s chief restructuring officer. Acquired through a leveraged transaction, the business faced significant sales declines due in part to a loss of credit insurance overseas. The unit will be wound down, according to a Gibson news release. ‘Music Lifestyle’ Juszkiewicz bought the audio and home entertainment business from Philips for $135 million as part of a bid to relaunch Gibson Guitars as Gibson Brands Inc., a “music lifestyle” company. He also bought a line of consumer electronics from Japanese company Onkyo Corp. in his bid for diversification. But the purchases drained cash, and earnings plunged. The company ran out of time for a turnaround as a bond maturity and springing term loan loomed in July. Management, creditors and consumers alike see strong potential for Gibson’s iconic music business. But challenges have abounded, beyond the ill-fated expansion into consumer electronics. In recent years, Gibson faced tighter credit terms from its suppliers and growing pressure from new import regulations on rosewood, a crucial material for the company’s high-end instruments, according to S&P Global Ratings. Gibson had also developed a broken relationship with some retailers, a number of whom have stopped selling the brand, citing unmanageable demands that range from annual credit checks to upfront orders for a year’s merchandise. ‘Exit Path’ With the noteholder agreement, the company has "an exit path from Chapter 11 as a deleveraged business, poised for continued growth," Fox said in the filing. The hope is that a more nimble, reorganized company will be able to address its problems and return focus to the core guitar business. Fox described the electronics business as having become "trapped in a vicious cycle in which it lacked the liquidity to buy inventory and drive sales." Cross-defaults had threatened the musical instruments business, and the company has been working with advisers since late 2017 to try to solve the problem. The company was able to reach an arrangement with major constituents to its musical instruments business, but not the consumer-electronics business, Fox said. "The Gibson name is synonymous with quality and today’s actions will allow future generations to experience the unrivaled sound, design and craftsmanship that our employees put into each Gibson product," Juszkiewicz said in a statement. The case is Gibson Brands Inc., 18-11025, U.S. Bankruptcy Court, District of Delaware. https://www.bloomberg.com/news/arti...bankruptcy-with-deal-to-renew-guitar-business