Vertical Horizon at the Vogue
Indianapolis, Nov. 7, 2009
The curious saga of the Beatles catalog finally going on sale online at a little-known site called BlueBeat just became even curiouser.
Hank Risan, owner of BlueBeat and other companies named as defendants in the lawsuit EMI filed on Tuesday, has a novel defense to allegations he is unlawfully selling the entire stereo Beatles catalog without permission. He claims in a court filling that he — and not EMI or the Beatles’ Apple Corp — owns these sound recordings, because he re-recorded new versions of the songs using what he termed “psycho-acoustic simulation.”
Risan faces perhaps millions of dollars in damages under the Copyright Act. And copyright attorneys said his defense is laughable and carries no weight. If successful, however, it would turn copyright on its head, leaving musical rightsholders defenseless against wanton infringement.
“They’re hosed. That just doesn’t make any sense,” said Scott Mackenzie, a Dallas copyright attorney. “I don’t even see the basis of their theory.”
Ben Sheffner, of the Copyrights and Campaigns blog, points out that BlueBeat’s defense rests on copyright law allowing musicians to produce cover versions of songs for a licensing fee.
“It does not permit a company to re-record a recording by some new technical means — even a ‘psycho-acoustic simulation’ device — and then sell the ‘new’ recordings,” Sheffner, a copyright attorney, wrote.
Risan told EMI in an e-mail (Exhibit A, below) that he successfully registered his “new” copyrights with the United States Copyright Office. The ID3 tags of the Beatles songs sold on BlueBeat.com list “2009 BlueBeat.com” as the copyright holder.
“Defendants independently developed their own original sounds,” BlueBeat told the court.
Neither Risan nor his attorneys returned inquiries for comment.
A Los Angeles federal judge will decide whether BlueBeat actually owns new copyrights to the sound recordings. A decision is expected soon.
To get a sense of how much these “new” recordings resemble the originals, listen to this short sample of The Beatles’ “Sun King,” which I purchased from BlueBeat.com on Friday:
As of midday Thursday, BlueBeat continues to offer the Beatles catalog for free stream and for sale as 25-cent, 160 Kbps MP3 files.
Here’s Risan’s opposition to EMI’s application for a restraining order to stop BlueBeat from selling the files, filed on Wednesday:
And here’s his Exhibit A, an e-mail to RIAA executive vice president and general counsel Steven Marks in which he claims to have copyrighted new sound recordings of the Beatles catalog:
Staff Writer David Kravets contributed to this report.
Photo courtesy of Flickr/Dunechaser
See Also:
Well, that will be a business name that we see disappear down the drain. Nice knowin' you (for the brief glimmer of a moment) BlueBeat.
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I just bought a copy of this album over at Amazon.com. This is a great project from a dedicated group of actors/musicians. The songs are live performance recordings and their enthusiasm and performances are top-notch. C'mon gang, it's only $1.99 (October 21).
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Read the Official Release and see the Give Away Prizes below:Fans Have 24 Hours to Download the Album, that Features Television Stars: Greg Grunberg, Hugh Laurie, James Denton, Bob Guiney and Bonnie Somerville for only $1.99. Proceeds go to Charity.On October 21st, Amazon.com will offer Band From TV’s hit album, Hoggin All The Covers to be downloaded for just $1.99. It’s the DEAL OF THE DAY on AmazonMP3.com. The Band From TV lineup includes a powerhouse of well-known and acclaimed actors including Greg Grunberg (drums), a veteran of such shows as “Alias.” and “Felicity” and is currently starring in the NBC hit “Heroes;” Hugh Laurie (keyboards), star of “House,” James Denton (guitar), currently starring in the ABC hit “Desperate Housewives;” Bob Guiney (vocals), who appeared on “The Bachelor” and is currently seen on the Game Show Network Live; and Jesse Spencer (violin) who is currently starring in the FOX hit “House."
Rounding out the band are accomplished musicians Chris Kelley, Barry Sarna, Jon Sarna, Chris Mostert and child-star turned bass player Brad Savage. Some of the songs on the album include, “Piece of My Heart,” “You Really Got Me,” “Will It Go Round In Circles,” “Feelin’ Alright,” “Pink Cadillac,” “Lean on Me,” “Hard To Handle” and “Mustang Sally.”A portion of the proceeds raised from Band From TV gigs, band's DVD, CD and music downloads is donated to a select group of charities chosen by each member of the band. Greg Grunberg supports the National Epilepsy Foundation and TalkAboutIt.org, Hugh Laurie supports Save the Children, James Denton works with The Conservation Fund, Bob Guiney supports The Art of Elysium and Bonnie Somerville performs for the Child Abuse Prevention Program and the National Coalition Against Domestic Violence. While talented actors, the band is truly about celebrating music, living the rock and roll fantasy and having fun, while bringing classic rock and roll music to life. Band From TV has performed on "American Idol Gives Back" and “The Tonight Show with Jay Leno.” Some noteworthy stars that have jammed with the band include John Mayer, Hayden Panettiere, Teri Hatcher, and many others. Purchase this album for this one-time-only price at: http://www.amazon.com/Hogging-All-the-Covers/dp/B002QJ93T2
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Knight Blaze plays final gigs and pays tribute to fallen member
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Dayton, Ohio - The final performance of a famous Dayton rock band was bittersweet for all involved. Knight Blaze played their final two shows on September 30th during the safety expo at Sinclair Community College. After 15 years of rocking and rolling, April Thomas, founding member and vocalist says, "Knight Blaze has had a wonderful run, but, all good things must come to an end."
Knight Blaze is not your ordinary band. They were united for a purpose and also united as a profession. See, all members of Knight Blaze were police officers and firefighters from various departments across Montgomery County.
Kendra Bryant, Moraine Police Department
Vocals, Band ManagerDon Parker, Centerville Police Department
Bass Guitar, Equipment ManagerRichard Palmer, Washington Township Fire Department
Guitar/Guitar Synthesizer/Vocals, Music DirectorApril Thomas, Huber Heights
VocalsGerry Gustin, Huber Heights Police Department
Drums/Percussion/VocalsMike Schuder, Huber Heights Fire Department
Guitar/VocalsThey performed for area children while promoting a "substance free" lifestyle. Not only do they offer rock and roll as an alternative to using drugs and alcohol, they have also been an encouragement to kids to avoid peer pressure and other negative actions.
Dale Huffman wrote a review of Knight Blaze in his Dayton Daily News column on April 15, 2005.
The final performances were dedicated to a long time bandmember, Jamie Faulkner, Trotwood Police detective who lost his battle with cancer earlier this year. The band members were honored to have Jamie's wife on hand during a special tribute where they wrote messages to Jamie on balloons and then released them into the air.
Jamie was a 13-year veteran of the Trotwood police force, first starting as an auxiliary officer with the Madison Township Police Department. During his career he worked as a dispatcher, community affairs officer, patrol officer, evidence technician, school resource officer and as a detective investigating sexual assaults against children. He had an amazing voice and was very talented on the keyboards and many other instruments.
The last time I saw Jamie play was at the funeral of Trotwood Captain Wiley Sampson, who passed away in 2000. I am sure Wiley and Jamie have shared some fun times since they met back up in heaven.
It was Jamie's duties as a school resource officer at Trotwood-Madison High School where he met a young man that would soon change his life forever. Jamie had been summoned to a fight between students and found 14-year old Robert. Robert had become upset and punched his hand through a window. Jamie drove Robert to the hospital and found out that Robert had been passed around from foster family to foster family. After praying for several days, Jamie decided to adopt Robert. Jamie
gave Robert the stability that he needed and Robert gave Jamie joy beyond belief.Jamie had also met another love of his life. He married Jessie this past year after being diagnosed with liver cancer. During the tribute and balloon release, Jessie Faulkner wore Jamie's Trotwood Police badge around her neck, along with his official police identification card.
Jamie believed whole-heartedly in the mission of Knight Blaze. He had a passion for helping all people, but children were especially close to his heart.
April Thomas echoed this sentiment when thanking the numerous people who have supported and been touched by Knight Blaze over the years.
"To all who have been along for the ride and been our moral support, thank you isn't enough. We all hope that there has been, however small or great, some positive impact on the youth of our community," Thomas said.
Sgt. Jay Phares, Miami Township Police Department was not in the band, but was a fan. He added, "I think it is great that Knight Blaze was able to send a positive message to the Miami Valley for 16 years."
Lt. Gerry Gustin, drummer and vocalist said, "I will play Hang On Sloopy and Jailhouse Rock for the last of 10,000 times. Thanks to all of you who clapped for us. It was a blast!"
Nice article in tribute to our last performance and to our great friend Jamie Faulkner.
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When my daughter and I went to the library yesterday she discovered this on the wall. Yay, they are promoting the event!
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Remember Dave Carroll and Sons of Maxwell? They were the guys that had the experience with United Airlines that ended with a broken Taylor guitar. You probably saw it in this video.
Dave had promised to make three videos following the final attempt to get United Airlines to "make good."
Here's the second:
You can find Dave's new solo album "Perfect Blue" on iTunes.
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I will admit, this was a fantastic moment for me. To stand in the studio where many of both country and rock's earliest pioneers recorded was amazing. And, of course, Elvis recorded over 250 songs in this same room. The piano here is a 1942 Steinway. Much of the room is unchanged since they closed the room for recording sessions on August 17, 1977. There are still tape marks on the floor for amp and musician placement and mic positioning.
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- Miss Hollywood
- What Have You Learned
- Lake of Silver Bells
- Drops of Rain

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