Ancient Astronaught wrote:... if they play live any of the song's that Josh has writers credit for, they've doomed themselves unfortunately.
i have to disagree based on the (german) law: they are a tribute (=cover) band. If they play over here lives shows in Germany they have to pay royalities for each cover song. So Josh gets his money for the songs he wrote. I don't think that Josh has a money problem here. It has to be sth. different why he started that legal offense. So not doomed - just a stinky cover band
I'm not versed on international laws but in America if they've been playing "his" songs live to sold out shows since Kyuss Lives! formed without his permission and without paying him royalties, then he has a really strong case to have them shut down unfortunately, as any tribute band if you make enough money to make the original band feel as if they are missing out on money that is due to them and make it worth their while to pay their lawyer bills. I think that this whole thing started because they were not paying him and are basically trying to say they shouldnt have to because he "screwed them over" by copyrighting everything after Kyuss broke up. If Josh got into publishing in 92 and they broke up in 95 they had 3 years to learn from his knowledge and cover their asses as well, but they didnt, they just let it all go and he seized the opportunity. If I had been telling my band for 3 years to claim their publishing rights, and they ignored me and then the band broke up, why wouldnt i go after atleast my portion of them? and if they arent going to claim their share for 15 years afterwards, his portion for those 15 years is all of it, and at that point they basically lose their right to claim any of it because they waited so long. Music law in america is really weird and screwy like that.
Good point man...
I was thinking this was all just underhanded, and really it's more about business.
The 3 times i've met Josh, he was totally not a dick. Very personable. Didn't strike me as an ego manic. Guess he just wants his money when it's due.
3 sides to every story - your's, mine and the cold hard truth.
It really is all about business, just like the current Bill Ward and Black Sabbath fiasco......
I've never met him, but i've watched endless videos with him, some interviews, some him talking about gear, all kinds of stuff (my g/f is kinda obsessed with him.... not a bad thing since me and him have some oddly striking physical resemblances) and i've noticed there's really 2 Josh's in the video, drunk Josh and sober Josh. Much like any other drunk in the world he does come off as an egomaniacal dick when he's drunk but at the same time you can totally tell he's not taking himself seriously. In the sober videos he seems like a down to earth jokester that yet again doesnt take him self all that seriously. But he does take his music seriously and I could never blame him for that. I want to reiterate I have never met him but I'm just basing this off of the same evidence you guys have access too, good ole youtube videos.
You are dead right, all ways three sides to the coin......
Iommic Pope wrote:
Skip, you rule. You hate people so much, you're willing to discredit all human progress, its awesome.
Ancient Astronaught wrote:... if they play live any of the song's that Josh has writers credit for, they've doomed themselves unfortunately.
i have to disagree based on the (german) law: they are a tribute (=cover) band. If they play over here lives shows in Germany they have to pay royalities for each cover song. So Josh gets his money for the songs he wrote. I don't think that Josh has a money problem here. It has to be sth. different why he started that legal offense. So not doomed - just a stinky cover band
I'm not versed on international laws but in America if they've been playing "his" songs live to sold out shows since Kyuss Lives! formed without his permission and without paying him royalties, then he has a really strong case to have them shut down unfortunately, as any tribute band if you make enough money to make the original band feel as if they are missing out on money that is due to them and make it worth their while to pay their lawyer bills.
Yeah. Then your law is shit Here each airplay and each live performance brings royalities to the original composer. I think that is pretty fair So each original band earns quite good money with tribute bands. At least with performances in Germany.
But back to my point why i think he started it with a different focus: i don't think he is offended by a band performing Kyuss originals with the Kyuss Live! label. He is offended by new songs under this label. I can understand that.
univalve wrote:Yeah. Then your law is shit Here each airplay and each live performance brings royalities to the original composer. I think that is pretty fair So each original band earns quite good money with tribute bands. At least with performances in Germany.
But back to my point why i think he started it with a different focus: i don't think he is offended by a band performing Kyuss originals with the Kyuss Live! label. He is offended by new songs under this label. I can understand that.
The same rules apply here, what Homme is saying is that he owns the rights to the royalties and they are refusing to pay him, therefor not earning him that quite good money.
Ahhhh I had not read anything eluding to that fact. I was under the impression that he was doing this because they were doing this while mainly playing the old songs. If they did it with nothing but new songs, then why call it Kyuss Lives! ? Other then to try and gain a fanbase as fast as possible by utilizing at least part of the old band name, which yet again nobody cared to register except for JHo.
Iommic Pope wrote:
Skip, you rule. You hate people so much, you're willing to discredit all human progress, its awesome.
univalve wrote:Yeah. Then your law is shit Here each airplay and each live performance brings royalities to the original composer. I think that is pretty fair So each original band earns quite good money with tribute bands. At least with performances in Germany.
But back to my point why i think he started it with a different focus: i don't think he is offended by a band performing Kyuss originals with the Kyuss Live! label. He is offended by new songs under this label. I can understand that.
The same rules apply here, what Homme is saying is that he owns the rights to the royalties and they are refusing to pay him, therefor not earning him that quite good money.
Don't want to be anal but over here NOBODY cares if the band refuses to pay the rights owner. The way the money goes does not include the interpreting/performing band at first. They are the last in the row. So they are not really able to refuse. (Example: If a cover/tribute band plays over here a show the organizer has to inform the collecting society (GEMA) about the songs that were played. If these are originals, for each song a certain amount (depending on venue size, attending people etc.) has to be paid. The collecting society gives this to the original composer. The Band is paid later by the organizer depending on the sold tickets etc.)
That's the way it should be, but I've only ever played one club that actually adhered to that policy. This right here might be the underlying cause of the issue, if your an out of country promoter holding a festival, a band comes along called Pink Floyd Lives! but it's just Gilmour and a hired band, and their playing PinkFfloyd songs and you know Gilmour was in Pink Floyd you not going to claim them to GEMA as covers but as originals, unless you did mega homework to find out that Roger Waters actually owns the rights. And if Gilmour is upset at Waters and doesnt want him to get a cut from his performance he's also going to tell the promoter their his originals since he was an original member of the band.
Iommic Pope wrote:
Skip, you rule. You hate people so much, you're willing to discredit all human progress, its awesome.
Ancient Astronaught wrote:That's the way it should be, but I've only ever played one club that actually adhered to that policy. This right here might be the underlying cause of the issue, if your an out of country promoter holding a festival, a band comes along called Pink Floyd Lives! but it's just Gilmour and a hired band, and their playing PinkFfloyd songs and you know Gilmour was in Pink Floyd you not going to claim them to GEMA as covers but as originals, unless you did mega homework to find out that Roger Waters actually owns the rights. And if Gilmour is upset at Waters and doesnt want him to get a cut from his performance he's also going to tell the promoter their his originals since he was an original member of the band.
good point! Maybe they claim them as their originals. Didn't thought of that. In their theory they are even not lying cause they were members of the band back then...
There's alot of if's in this situation, but i guarantee you that Homme's lawyers would not be involved if they didnt have enough proof to go to court, and if the payout wasnt larger then they are charging to do it. All though the claim of consumer fraud is still beyond me....
Iommic Pope wrote:
Skip, you rule. You hate people so much, you're willing to discredit all human progress, its awesome.
That article is actually pretty helpful and very clear. It even say's that the law does not apply to tribute bands, but then the question arises if they start writing new music as Kyuss Lives! are they still a tribute band?
And I watched that video, and it's hard to really feel out who to believe about the whole situation. But Josh's statement brings up another question, he say's that while he was trying to work with them they were trying to steal a registered trademark he filed back in 95, without telling him, so who's really being deceiving? I see alot of holes in Brant's stories unfortunately and alot of things that don't add up, but he seems to be reaching out in the media the most to almost get pity from the fans but not addressing the claims Josh is making. In the video he say's that Josh openly encouraged him for "Brant play's Kyuss", which is without a doubt a tribute band name, but makes no mention of trying to get back the Kyuss name, and how he planned on doing it.
Iommic Pope wrote:
Skip, you rule. You hate people so much, you're willing to discredit all human progress, its awesome.
